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COPYRIGHT DEPOSIT. 



OUR GOVERNMENT 
LOCAL, STATE, AND NATIONAL 



OUR GOVERNMENT 



LOCAL, STATE, AND NATIONAL 



BY 

J. A. JAMES, Ph.D. 

PROFESSOR OF HISTORY IN NORTHWESTERN UNIVERSITY 

AND 

A. H. SANFORD, M.A. 

PROFESSOR OF HISTORY, STATE NORMAL SCHOOL, STEVENS POINT, 

WISCONSIN 



NEW YORK 

CHARLES SCRIBNER'S SONS 

1904 



■3^ 



COPYRIGHT, I903, BY 
CHARLES SCRIBNER'S SONS 



Norfaooti $rcE3 

J. S. Cushing & Co. —Berwick & Smith Co. 
Norwood, Mass., U.S.A. 



PREFACE. 

The subject-matter herewith presented partially repre- 
sents the plan pursued by the authors as teachers of civil 
government for a number of years in high school, academy, 
and normal school. It has been found that a study of the 
methods by which the affairs of government are conducted 
gives constant interest to the work, and, consequently, the 
practical side of government has been emphasized. But 
while our desire has been to bring the actual working of 
the institutions under which the student lives into promi- 
nence, we have also attempted to give such accounts of the 
origin and early development of forms of government as 
will assist in explaining their process of growth. The plan 
of discussion is similar to that followed in " Government 
in State and Nation." The general favor with which that 
text has been received leads to the belief that it fully meets 
the requirement of the Committee of Seven for such schools 
as present civil government in the third or fourth year of 
the course. In many cases, however, the subject is taught 
earlier in the course, and the present work has been pre- 
pared in answer to the requests of teachers for a text 
suitable to this class of students. 

The arrangement is such that either Local (Part I), 
National (Part II), or State Government (Part III) may 
be studied first. In the work on local and State govern- 
ment it is not expected that the student will learn all of 
the different practices found in the various States, but that 
he will compare them with those of his own State. 



VI PREFACE. 

While some of the discussions and many of the sugges- 
tive questions are intended to make students realize more 
completely their duties as citizens, many more having a 
local bearing will occur to teachers. It is scarcely to be 
hoped that all of the books and magazines mentioned will 
be found in any high school library, but the need for sup- 
plementary reading is being met through the rapid increase 
of public libraries. A working library on the subject of 
civics may be accumulated in a short time if only a few 
of the books given in Appendix C are procured each year. 
No attempt has been made to give references to all of the 
material which has appeared within the past few years. 

The ability of the reader and the time to be devoted to 
the subject have been kept constantly in mind. There 
may be more supplementary questions and references than 
can be used by any one class. Should it happen, on the 
other hand, that more work of this character is desired, 
the need may be met by reference to similar questions in 
" Government in State and Nation." 

We are under obligation to Miss Carla F. Sargent of 
Northwestern University Academy who read a large part 
of the manuscript. We also take this opportunity of 
acknowledging the assistance given by many teachers 
of civics, strangers to us, who are using " Government in 
State and Nation," for their helpful suggestions. 

Evanston, Illinois, 
May i, 1903. 



CONTENTS. 



CHAPTER 

I. 

II. 

III. 

IV. 



PART I. 

The Work of Local Government . 
County Government .... 
The Origin of Local Governments 



PAGE 
I 

7 
13 



The Government of Cities 19 



PART II. 

V. Events leading to the Formation of the Union 

VI. The Constitutional Convention 

VII. Organization of the Legislative Department 

VIII. Powers and Duties of the Separate Houses 

IX. How Laws are made by Congress. 

X. Some Important Powers of Congress 

XL Other General Powers of Congress 

XII. Powers denied the United States and the Sev 

eral States .... 

XIII. The Executive Department . 

XIV. Powers and Duties of the President 
XV. The Cabinet 

XVI. The National Judiciary . 

XVII. Territories and Public Lands 

XVIII. Amendments to the Constitution . 

XIX. The Governments of the World . 



32 
40 

5° 
66 

73 
83 



in 

"5 

131 
141 
156 
165 

175 
179 



viii CONTENTS. 



APPENDIX. 



A. Constitution of the United States . . . .187 

B. The Articles of Confederation . . . . 204 

C. Reference Books 213 

INDEX 215 



PART I. 
LOCAL GOVERNMENTS. 

CHAPTER I. 

THE WORK OF LOCAL GOVERNMENT. 

The Preservation of Order. — The first and most impor- 
tant function of any government is the preservation of 
order. We think of this function most frequently as exer- 
cised in the arrest of offenders who violate the law. In 
fact, most young persons receive their earliest ideas of 
government by seeing that embodiment of governmental 
authority, the policeman, or constable. But he is not the 
only officer who is concerned in the preservation of order. 
The police officer who makes an arrest cannot punish his 
prisoner, but must merely hold him until it is decided that 
he deserves punishment. This is the work of a court, 
with its justice, or judge, and the jury. If the prisoner is 
declared guilty, then the police officer executes the orders 
of the court by collecting a fine or by imprisoning him. 
We have here illustrated two divisions of governmental 
authority : (i) the judicial, which decides whether the law 
applies in particular cases; and (2) the executive, which 
carries out the requirements of the law and the orders of 
the court. 



2 LOCAL GOVERNMENTS. 

Law-making. — The executive and the judicial officers 
are both subject to higher authority : the one applies and 
the other executes the law. The framing of the law con- 
stitutes the third function of government. This is the work 
of legislation, carried on by such bodies as the town board, 
the village board, and the city council. But these law- 
making bodies do not possess independent authority ; they 
are bound more or less strictly by the opinions of those 
who elected them to office ; i.e. the body of voters. 

The Three Divisions of Government. — We say, then, 
that in our country government is based finally upon the 
zvill of the people. For the expression of their will they 
choose numerous officers, who may be grouped under three 
heads, corresponding to the general divisions of govern- 
ment : legislative, executive, and judicial. 

Just as it would be impossible for all the voters to take part in 
applying or interpreting the law, so it is in most cases impossible for 
them to assemble in a body and make the laws. They generally dele- 
gate this work to legislators ; but in some States the voters of a town 
(or township) assemble yearly in town meeting, where all may take 
part in discussion and in voting. 

Roads and Streets. — The preservation of order is but 
one of the functions of government. In towns where the 
population is scattered, roads must be built, and it is still 
more necessary that in villages and cities, where many 
people live within a small area, streets should be graded 
and paved and sidewalks maintained. This is an illustra- 
tion of the way in which, through the machinery of govern- 
ment, people provide themselves with many conveniences 
that it would be impossible for each citizen to provide for 



THE WORK OF LOCAL GOVERNMENT. 3 

himself. The legislative bodies already mentioned deter- 
mine the extent to which these things shall be done : the 
town board orders the laying out of a new road ; the vil- 
lage board or the city council passes ordinances saying 
what streets shall be paved and what materials shall be 
used in the work. 

Executive Officers, General and Special. — The actual 
execution of the work involved in public improvements 
is generally in charge of a special officer, such as the road 
or street commissioner. But since there are many other 
matters of public concern that require attention, each 
under the control of an executive officer, it is necessary 
that a general officer should be in authority over all of 
these as the chief executive of the local government. This 
officer is known by various titles, as, in the town the 
chairman, in the village the president, and in the city the 
mayor. In any case, he has all or most of the important 
executive work of government under his control. It is his 
duty to see that the laws are obeyed, so the police officers 
are subject to his orders. The chief executive is guardian 
of the people's interests ; for he must see that the minor 
officers do not injure the public welfare by neglect of duty, 
and he must defend the public from all persons who would 
encroach upon its rights. 

Let us now consider some of the other ordinary func- 
tions of local government. 

The Poor. — Poor relief may be mentioned first. How 
much aid shall be granted to paupers, and how shall it be 
distributed, are questions that everywhere require attention. 



4 LOCAL GOVERNMENTS. 

Public Health. — Public health is also an important sub- 
ject upon which local laws must be enacted. In cities, 
particularly, the council passes strict regulations for pre- 
venting the occurrence of diseases and for checking the 
spread of such as are contagious. City ordinances are 
also enacted regulating the construction of sewers and 
drains. The health commissioner and the city physicians 
are the particular officers who direct the execution of laws 
upon these subjects. 

Education. — Public education is among the most impor- 
tant of the local government's functions. The free schools 
which exist everywhere in our country are supported and 
controlled chiefly by the towns, villages, and cities. In many 
States, however, there are other divisions, called school dis- 
tricts, which have boards and officers for this purpose. 

Other Necessary Functions. — Protection from fire is so 
important in communities where population is dense that 
special officers and apparatus must be provided. So, too, 
streets must be lighted, and a pure water-supply provided. 

Parks, Museums, and Libraries. — Besides the functions 
of government that are readily seen to be necessary, there 
are others which may not at first appear to be so. We 
have cities providing parks, with beautiful lawns and 
flower-gardens ; museums, where articles of historical and 
scientific interest are kept ; aquariums and zoological 
gardens ; libraries, with books, magazines, and papers for 
the free use of all citizens. If one looks closely, he will 
see a reason in each case why the government undertakes 
these various enterprises. 



THE WORK OF LOCAL GOVERNMENT. 5 

Why Taxes are Levied. — We have now to consider a 
power of government, without which none of the others 
so far enumerated could be exercised. This is the taxing 
power. In every instance money must be used by local 
governments in exercising their functions. Officers, who 
are agents of the people, depend largely upon taxes for 
their salaries. Taxes are levied by the legislative bodies 
that we have found in towns, villages, and cities. Other 
officers, assessors and treasurers, determine the amount to 
be paid by each citizen and collect the taxes. The treas- 
urer also has custody of public money, and pays it out 
when ordered to do so by the proper authorities. 

All of the operations of government are matters of 
record. While each officer is expected to keep strict ac- 
count of the operations of his own department, the general 
records of towns, villages, and cities are kept by the clerks. 

This general view of local governments may now be 
summarized in two forms : — 

I. The Functions of Local Government. 

1 . Protection : — 

The preservation of order. 
Protection against fire. 
Protection of public health. 

2. Providing Necessities and Conveniences : — ■ 

Roads — Streets — Sidewalks. 
Water — Lights — Sewers. 
Poor relief — Education. 
Parks — Libraries — Museums. 



LOCAL GOVERNMENTS. 



II. Officers of Local Government. 1 

TOWN. VILLAGE. 

Board Board 

Chairman President 

Clerk Clerk 

Treasurer Treasurer 



Assessors 
Constables 
Road Commis- 
sioner 



Justices 



Assessors 
Constables 
Street Commis- 
sioner 
Justices 



CITY. 

Council 

Mayor 
Clerk 
Treasurer 
Assessors 
Police 

Street Commis- 
sioner 
Justices 



SUPPLEMENTARY QUESTIONS. 



Make a study of your local (town, village, or city) government, 
i. Group the officers as legislative, executive, and judicial, respec- 
tively. 

2. How many different methods are used in paying these officers ? 

3. Do all the voters ever assemble to make laws? If not, how is the 

will of the majority expressed ? 

4. What are some of the local regulations regarding the poor? 2 pub- 

lic health ? protection from fire ? 

5. Who pays for the education that young people receive in the public 

schools ? 

6. How much has your local government done toward furnishing 

things that are not merely conveniences ? How do you justify 
expenditures for these purposes ? 

7. Does the management of local government excite as much inter- 

est among the citizens as it should? 

8. In what ways are students directly interested in having efficient 

local governments ? 

1 The list here given is not complete, and the official titles are not the 
same in all States. 

2 For a general account under this topic, see James and Sanford, " Govern- 
ment in State and Nation," Chapter VIII. Health regulations are discussed 
in the same work, pp. 98 and 99. 



CHAPTER II. 

COUNTY GOVERNMENT. 

Why there are Counties. — If the local organizations 
discussed in the preceding chapter could attend to all the 
interests that citizens have in common, then government 
would be a much simpler matter than it is. But just as 
almost every citizen has business and social relations out- 
side of the immediate vicinity in which he lives, so differ- 
ent communities must have political relations with each 
other if they are to live in harmony. For this and other 
reasons, which we shall learn presently, county govern- 
ments are instituted. Their organization and functions 
correspond quite closely to those of the towns, villages, 
and smaller cities. 

Important County Officers. — The local governments can- 
not undertake alone the preservation of order or the protec- 
tion of citizens against criminals. We have, consequently, 
an important officer, the sheriff, who with his deputies has 
power to make arrests. There is also the judicial side of 
county governments, seen in the court, with its judge. In 
this court another county officer, called the district or 
State's attorney, prosecutes persons who are accused of 
crime ; i.e. he finds and presents in the trial evidence 
of the prisoner's guilt. 

7 



8 LOCAL GOVERNMENTS. 

Functions of County Government. — Public highways are 
also matters of more than local concern. When an expen- 
sive bridge is to be built, or an important road in which 
several communities are interested is to be constructed, 
the county government can best raise the money and 
manage the work. So, too, in caring for the poor, the 
county may aid the local governments, or it may assume 
entire charge of the paupers, and maintain a poorhouse. 

The County Board. — It is evident that there must be 
a legislative body which shall determine the policy of the 
county in these matters. This is the county board, or as it 
is called in some States, the county court. In most States 
this body is composed of commissioners. These are elected 
by either of two methods: (i) at large, when every voter 
may vote for the entire number of commissioners ; (2) they 
may be elected from districts into which the county has 
been divided. In some States the members of the county 
board are called supervisors, and they represent the towns, 
villages, and wards of cities. Under this system the county 
board is generally larger than under the commissioner sys- 
tem. There is another difference between the two systems : 
in the States that have county commissioners, the county 
government has more extensive functions than in the other 
States. That is, county government has almost entire con- 
trol of such matters as roads and poor relief, leaving the 
local governments with little authority in these directions. 
On the other hand, where the supervisor system exists, the 
towns and villages have chief authority in legislating upon 
these matters, and the county assists or takes only such 
part as it finds necessary for the general good. 



COUNTY GOVERNMENT. 9 

Power of the Board. — The county board holds annual 
meetings and legislates for the county as a whole. It has 
charge of the county property, including the court-house, 
jail, and poorhouse. Since it must provide for the ex- 
pense of maintaining these buildings, for the salaries of 
county officers, and for other expenses connected with 
roads, poor, and other county business, the board must 
also have the power of levying taxes. 

Superintendent of Schools. — Education is another func- 
tion of government which is not managed solely by the 
local units. There is a county officer, called the superin- 
tendent of schools, who has supervisory powers, and he 
usually examines teachers and certifies to their qualifica- 
tions. 

Register of Deeds. — The register of deeds, or recorder, 
is a county officer who keeps records of certain kinds. 
Among other things, copies of deeds are registered or kept 
in his office. A person wishing to buy real estate {i.e. 
houses or lands) may, by consulting the records in this 
office, learn whether the owner has a clear title to the 
property. 

Coroner. — The coroner has the duty of holding inquests 
when persons meet death by violence or in some unex- 
plained way. He may also perform the duties of the 
sheriff when the latter is incapacitated. 

Surveyor. — The county surveyor makes surveys at the 
request of public authorities, as well as for individuals. 
He keeps the official records of the boundaries of farms 
and lots. 



IO LOCAL GOVERNMENTS. 

Clerk and Treasurer. — Of course the county must have 
its clerk and treasurer, the customary officers whose duties 
are, respectively, to keep the records and to handle county 
moneys. 

We may now pass in review the principal features of 
county government : — 

I. Legislative. 

i. County Boards : — 

Commissioner type 
Supervisor type 

2. Functions: — 

County buildings Roads and bridges 

Poor — Education Taxation 

II. Executive and Administrative Officers. 

Sheriff and Deputies Attorney 

Clerk Superintendent of 
Treasurer Schools 

Register of Deeds, Coroner 

or Recorder Surveyor 

(In some States, Assessors and Collectors of Taxes, 
and Auditors.) 

III. Judiciary. 
County Court District Court 

Relations of Local Officers to State Law. — There are 
other reasons than those already given why States are 
divided into counties. One is because, in the performance 



COUNTY GOVERNMENT. II 

of their duties, the county officers act as agents for the 
State ; that is, they carry out the requirements of State 
law in their own localities. For example, criminals are 
brought to trial and punished under State law, but it is 
administered by local or county officials. So the surveyor, 
superintendent of schools, register of deeds, and other 
officers act under State laws. While it seems best to 
have one general law for the State upon important sub- 
jects, it is also the policy of our government to intrust the 
execution of the law, in most cases, to local rather than to 
State officials. These officers, being elected by the people 
of the various localities, feel their responsibility more 
keenly than if they obtained office by appointment from 
State authorities. The counties, then, are administrative 
districts of the State, made for convenience in the manage- 
ment of those governmental matters which are uniform 
throughout the State. In the control of those matters 
which affect but one locality, the county authorities are 
free to follow their own policy, within the limits of State 
law. 

What has been said concerning the relation of the county 
to the State government is true to a considerable extent 
concerning the town, village, and city governments. Here, 
too, elections are held, taxes are collected, and trials are 
conducted by local officers in accordance with State law. 
Indeed, it is true that these local divisions owe their ex- 
istence to State law. Towns are laid out, villages and 
cities are incorporated, in accordance with the provisions 
of laws enacted by State legislatures. The State is the 
source of all the authority exercised by the officers and 
governing bodies of these local governments. 



12 LOCAL GOVERNMENTS. 

SUPPLEMENTARY QUESTIONS. 

Make a study of your county government, 
i. Outline the officers in groups, as on p. 6. 

2. Learn the important duties of each officer. 

3. Are officers paid by fees or by salaries ? Which is the better 

method ? 

4. What is the length of the term for which each county officer holds 

his position ? 

5. How many members constitute the county board ? Are they 

commissioners or supervisors ? When do the meetings of the 
board occur ? 

6. Obtain a copy of the county board's report and ascertain what im- 

portant business has been transacted. 

7. What buildings has the county at the county seat ? Does it own 

property elsewhere ? 

8. What process is followed in laying out a new town ? in the incor- 

poration of a village ? 

REFERENCES. 

1. An account of local government in Illinois, Iowa, Michigan, and 

Pennsylvania is found in Bryce, The American Commonwealth, 
Vol. I, 572-581 (601-610). x 

2. The functions of local government are discussed in Holt, Talks 

on Civics, Chapter I ; Ashley, The American Federal State, 397- 
400 ; Bryce, The American Commonwealth, Vol. I, 586-589 (616- 
619). 

1 References to Bryce are given in duplicate; pages enclosed in parentheses 
refer to the third edition, 1896. 



CHAPTER III. 
THE ORIGIN OF LOCAL GOVERNMENTS. 

The Source of our Local Governments. — The systems of 
local government which have been described did not spring 
up spontaneously, nor were they established arbitrarily. 
There are reasons to be found in the history of their 
origins which explain many of their details. We shall 
now see how local government grew in the colonies, for 
here we have the beginnings of the systems that are in 
operation to-day. 

Everywhere in the colonies the English settlers adapted 
to their new environment the ancient customs of the 
mother-country. Differences in physical geography, and 
in the character and motives of the colonists, caused differ- 
ences in the resulting local governments. This fact is best 
illustrated by an account of what took place in New Eng- 
land and in Virginia. 

The Method of Settlement in New England. — These col- 
onies were settled by emigrants who came, in the main, 
from the same classes of Englishmen. The New Englanders, 
however, were Puritans. The church and its services were 
a very important part of their daily lives. The require- 
ment of church attendance was one reason for grouping 
their homes near the meeting-house. Moreover, the region 

13 



14 



LOCAL GOVERNMENTS. 



in which they settled had a stony soil, difficult to cultivate. 
Their farms required careful cultivation, and therefore 
could not* be very large. The New Englander was content 
to live near the coast. Access to the interior was not 
easy, for the rivers, with few exceptions, were short and. 
rapid. The sea fisheries tempted the settlers to remain 
near the coast, and fishing, with ship-building and com- 
merce, became their important industries. 

Town Meeting and Officers. — For these reasons New 
England was a region of small farms and towns, and the 
local government which grew up was adapted to these 
conditions. The voters of each town (or township) met 
annually, or oftener, in " town meeting." Here their com- 
mon local affairs were discussed and regulated. The 
church, the schools, roads, the poor, and many other 
matters were under the complete control of this meeting, 
and of the officers elected by the assembled voters. These 
officers were the selectmen, — a board having general super- 
vision of the town affairs, — the clerk, treasurer, assessors, 
fence viewers, constables, and numerous others. 

The County in New England. — Because the people lived 
in towns and could most easily regulate their affairs through 
the machinery of town government, they had no counties 
whatever at first ; but these were soon established, though 
merely for judicial purposes. The governor appointed 
justices who held court in each county. 

The distinctive features of New England local govern- 
ment, then, were (i) its democratic character, seen par- 
ticularly in the town meeting ; and (2) the fact that nearly 



THE ORIGIN OF LOCAL GOVERNMENTS. 1 5 

all local affairs were managed by the town government, 
leaving but one important function, and that judicial in 
its nature, for the county. 

The Settlement of Virginia. — In the colony of Virginia 
we find conditions that bring about entirely different results 
in the organization and workings of local government. 
Here the settlers were not bound by religious or other 
ties into compact social bodies as the Puritans were. Na- 
ture in Virginia held forth many inducements for the set- 
tlers to live apart, so that nearly all their attempts to form 
cities and towns failed. The cultivation of tobacco, of 
course, explains this to a large extent. The fertile soil 
and the ease of raising this product led to the formation 
of large plantations. The broad rivers made progress into 
the interior remarkably easy, while the necessity for towns 
as shipping ports was almost completely obviated by the 
use of private wharves at the various plantations. The 
rich planters dominated the social and political life of the 
colony, and local government fell under their control. 

The Importance of the County. — Now, of the various 
local organizations to which the Virginians had been accus- 
tomed in England, the one best adapted to their condition 
in the colony was the county. So they copied the English 
county and made it their chief organ of local government. 
The principal governing body was the county court, com- 
posed of justices appointed at first by the governor of the 
colony. The court had both legislative and judicial func- 
tions. It managed such matters as roads, licenses, and taxa- 
tion ; it also tried civil and criminal cases. Other county 



16 LOCAL GOVERNMENTS. 

officers were the sheriff and the lieutenant, the latter being 
commander of the militia. 

The Parish and the Vestry. — That part of the Virginia 
local government which corresponded to the New England 
town was the parisJi ; but it is apparent that few functions 
remained to be exercised in this, their smallest political 
organization. The counties were generally composed of 
several parishes. The governing body of each was the 
vestry ; it had charge of church affairs and of poor relief. 
The members of the vestry and also the justices of the 
county court were not elected periodically by the people, 
as the town officers were in New England. On the con- 
trary, both the vestry and the county court filled vacancies 
in their own number, without popular election. 

This fact serves to illustrate the general truth that local 
government was democratic in New England and aristo- 
cratic in Virginia ; in the former colony the mass of voters 
participated most actively in local government, while in the 
latter a few men constituted the ruling class, This does 
not mean that local affairs in Virginia were badly managed, 
for the leading men were on the whole intelligent and pub- 
lic spirited ; and in the years of the Revolution they were 
among the foremost in the defence of American liberties. 
In New England, however, it was noticeable that the mass 
of voters were intelligent and understood the practical 
management of political affairs — a result which doubtless 
came largely from their training in the town meeting. 

The Three Types of Local Organization. — We have now 
seen that in New England the town had the most impor- 



THE ORIGIN OF LOCAL GOVERNMENTS. 17 

tant functions of local government, and this is called, 
therefore, the town type; while in Virginia the county- 
absorbed the greater share of governing powers, and there 
we find the county type. Virginia influenced the colonies 
that lay south of her, so that the county type prevailed 
also in the Carolinas and Georgia. In the middle colo- 
nies there existed both counties and towns, and here there 
was a much more equal division of powers between these 
organizations. Hence we call theirs the mixed or town- 
ship-county type of local government. 

Local Government in the West. — The people who mi- 
grated to the new States west of the Alleghanies carried 
with them the forms of local government which have just 
been described as growing up in the colonies. This state- 
ment needs some modification, for nowhere in the West 
was the pure town type adopted. Everywhere in the 
North we find the mixed type, while the Southern States 
have, in general, the county type. In the latter the 
county commissioners, elected at large or from precincts, 
together with other county officers, exercise most of the 
local powers of government. 

Two Forms in the North. — In the greater number of 
the States that have the mixed type, the county is gov- 
erned by a. board of commissioners elected by either of 
the methods just mentioned as prevailing in the South. 
In a few States (such as Michigan, Illinois, and Wiscon- 
sin), the county board is composed of supervisors, who 
represent the towns, villages, and wards of the county. 
Here we find the town meeting, copied after that of New 



18 LOCAL GOVERNMENTS. 

England or New York, and the town government has 
more functions than in those States where commissioners 
compose the town board. 

Local Self-government. — Such is the way in which local 
government has come about in the various States of the 
Union. Rooted in the systems that Englishmen have 
developed through the centuries, adapted to the new life 
and the peculiar conditions of the colonial period, it has 
spread with the population throughout the land. The 
different practices of the States testify to the way in which 
habits persist in government, as in other phases of life. 
The management of local affairs by the people and their 
chosen representatives is a sound principle of government 
which holds a firm place in every part of our country. 

SUPPLEMENTARY QUESTIONS AND REFERENCES. 

i. Which type of local government exists in your State ? Can you 
account for its origin ? 

2. Is the system of local government uniform throughout your State? 

If so, why is this true? If not, can you account for the lack 
of uniformity ? 

3. The following references are useful in studying the history of local 

government: Thwaites, The Colonies, 55-58; Fisher, The Colo- 
nial Era, 60, 99, 167; Channing, The United States of America, 
37-38; Hart, Formation of the Union, 11-13; Bryce, The 
American Commonwealth, Vol. I, 561-565 (589-593); Bancroft, 
History of the United States, Vol. I, 285-286, 449; Ashley, The 
American Federal State, 390-396. 

4. Which is the best type of local government? Is it becoming more 

common? Bryce, Vol. I, 591-592 (621). 



CHAPTER IV. 

THE GOVERNMENT OF CITIES. 

The General Plan of City Government. — The general 
framework of city government is not very different from 
that of the other governmental divisions. There are the 
legislati'vi, executive, and judicial departments, whose 
organization and functions are stated in the charter, or 
fundamental law of the city. The city legislature is the 
council or board of aldermen. In most cases this body is a 
single house, though in some cities there are two houses. 
The members are elected from the wards into which the 
city is divided. The council may pass ordinances for the 
government of the city, but it is limited in the extent of its 
powers by the terms of the city charter. 

City Charters granted by Legislatures. — The source of 
the charter is the State legislature. In most States the 
constitution provides that the legislature shall pass general 
laws prescribing the framework of all cities, or of the 
classes into which the cities of a State may be divided, 
according to their population. These laws also contain 
regulations that are safeguards against the abuses of 
municipal government, such as excessive taxation and 
the accumulation of debts. The requirement of general 
laws secures uniformity in the essential features of city 

19 



20 LOCAL GOVERNMENTS. 

government, and it prevents the practice, which is other- 
wise liable to prevail, of constant interference by State 
legislatures, in the affairs of certain cities. Such special 
laws should be enacted with great caution, if at all, for 
when a legislature regulates the affairs of a particular city, 
it too often does so at the request of persons or corpora- 
tions having advantages to gain at the expense of the 
public. 1 

The Mayor. — The chief executive of the city is the 
mayor. He is the head of the police department and has 
more or less authority over the other administrative depart- 
ments to be discussed later in this chapter. In the cases 
of both mayor and aldermen, the facts concerning their 
terms, salaries, and other details vary so greatly in differ- 
ent cities that no general description is possible. 

The city judiciary includes the ordinary State courts and 
also special or municipal courts of various degrees. 

Other City Officials. — Besides the officers enumerated, 
every city has its clerk, treasurer, attorney, and assessors. 
The auditor, or comptroller, is an important official who 
controls city finances. 

Administrative Departments. — The greatest difficulties 
of city government arise in connection with the numerous 
administrative departments ; these are quite complex in 
their operation. In large cities the number of officials 
and the variety of their duties render it almost impossible 

1 In some States where the constitutions require general laws applying to 
classes of cities, single cities have been put in classes by themselves ; so the 
legislature has virtually governed them by special laws. This practice has 
been declared illegal in Ohio. 



THE GOVERNMENT OF CITIES. 21 

for the average citizen to inform himself concerning these 
affairs ; consequently, opportunities for fraud and misman- 
agement occur frequently. 

Why, it may be asked, is such complex machinery neces- 
sary in municipal government ? It is because social and 
industrial conditions (that is, the circumstances under which 
men live and work) are quite different from those that pre- 
vail in towns and villages ; and city government must be 
adapted to these conditions. 

Conditions peculiar to City Life. — Let us notice some of 
the ways in which this is true, (i) The mere fact that 
population is dense increases the possibility that a citizen 
may interfere with the rights of his neighbors, even in the 
conduct of legitimate business. (2) There is greater lia- 
bility that public health and safety may be endangered, 
both in the homes and in the industrial establishments of 
cities, than in less densely settled communities. (3) The 
opportunities for evil-doing and for concealment that exist 
in cities draw to them a larger proportion of the vicious 
classes who need control and suppression. (4) Finally, in 
cities it is less easy than in the country for each family to 
supply itself with certain conveniences, such as water, 
light, and transportation ; consequently, the government 
must regulate to some extent the supply of these neces- 
sities. 

These are some of the conditions that are peculiar to 
city life ; and we find here the reasons why the govern- 
ment in a city must undertake a large number of functions. 
At every point the safety of the citizen and his property 
must be guarded ; and in a great many ways the conven- 



22 LOCAL GOVERNMENTS. 

iences of life must be supplied by the city or under the 
control of city officials. Thus we account for the fact that 
city government is complex — the principal source of the 
difficulties and the evils that we find in connection with 
administrative departments. 

Fire and Police Departments. — The number and the 
organization of administrative departments vary consider- 
ably in different cities. Everywhere we find the police, 
fire, and health departments. Of these, the fire depart- 
ment is generally the most efficient, for the citizens will 
not tolerate laxness in the protection of their property. 
Not so much can be said of the administration of the police 
and the health departments in most cities. When the se- 
lection of police officers is on a purely political basis, the 
standards are low and the way is opened for police con- 
nivance with the violators of the law. Instances are not 
uncommon where policemen receive, regularly, money pay- 
ments from law-breakers for protection. Here public in- 
terests are betrayed by officers who are sworn to defend 
them. The detection of this form of corruption is diffi- 
cult ; nevertheless, its continuance in a flagrant form is 
evidence of public apathy. In a few cities, civil service 
reform methods are used in the selection of policemen ; 
the passing of an examination and of a physical test is 
necessary for appointment. This, with a fair system of 
promotions, should render a police force more like a mili- 
tary organization in its relation to the enforcement of law. 

The Health Department. — The department of public 
health has duties that are of vital importance. Sewerage 
systems, sanitation, and the water-supply are the chief 



THE GOVERNMENT OF CITIES. 23 

objects of its inspection. Health officers also have powers 
which enable them to detect and prohibit the sale of im- 
pure foods. The milk-supply should receive its particular 
attention, for the purity of this product is an important 
matter. The enforcement of strict health regulations in 
the crowded tenement districts of large cities is very 
difficult ; but the neglect of these matters by city officials 
is nothing less than criminal. 

The Department of Streets. — This department, which has 
in charge the construction of streets and pavements, affects 
the convenience of every citizen. Here vast sums of 
money are expended, sometimes wisely, and sometimes 
under the supervision of officials who are deficient in 
the technical knowledge required by this kind of work. 
Opportunity for dishonest handling of public money may 
be found in the letting of contracts and in the purchase 
of supplies. Street cleaning has received comparatively 
little attention in American cities. In this respect we 
are far behind many European cities. This is because 
the relation of clean streets to public health, and to civic 
beauty, is not fully appreciated by the average citizen of 
our country. 

Public Charities. — The administration of public chari- 
ties is everywhere a difficult matter, and, naturally, its 
difficulty is greatest in large cities, where we find the 
greatest number of those who seek relief. Two problems 
confront the department of public charities: (1) How can 
it distinguish between those who actually need assistance 
and those who do not ? (2) How can it help those who 
need assistance temporarily, without weakening their de- 



24 LOCAL GOVERNMENTS. 

sire to become self-supporting ? The same problems must 
be solved by the citizen in connection with his private 
charities. In general, it may be said that charity is most 
judiciously dispensed by private organizations, in charge 
of trained workers, who can investigate all cases of appli- 
cation for aid. 

The Public Schools. — Public education is another de- 
partment of municipal activity. 1 The expenditure of public 
money for this purpose is not stinted. The scope of 
our educational institutions is constantly being enlarged ; 
courses in commerce, manual training, and domestic 
science are intended to strengthen the practical side of 
the curriculum. In some cities special schools are main- 
tained for the defective classes and for truants. 

Libraries, Parks, and Playgrounds. — The educational 
advantages furnished by the city are not for the children 
alone. Public libraries and museums serve adults as well. 
Recreation is provided by means of parks, public play- 
grounds, and open-air gymnasiums. These will become 
more common when their educational influence is more 
fully appreciated. 

Committees or Boards. — The important questions that 
arise in connection with administrative departments are, 
how shall they be organized ? and how shall the officers who 
control them be appointed ? Two general methods prevail : 
(i) In the smaller cities the members of the council are 
grouped into committees, which have charge of the various 
administrative departments. In large cities there are boards 

1 This subject is also treated in the chapter on Public School Systems. 



THE GOVERNMENT OF CITIES. 25 

or commissioners, distinct from the council, and these may 
be composed of salaried officers. In either case the board 
may employ a superintendent to take charge of the work 
under its jurisdiction. The principal criticism which can 
be offered against this method of managing administrative 
departments is that responsibility cannot be definitely lo- 
cated. No single member of a board or commission will 
assume responsibility for mismanagement ; and when re- 
sponsibility is divided among several persons, none of them 
feels it very strongly. 

(2) Single Heads of Departments. — As a remedy for this 
defect, administrative departments in some cities are placed 
under the control of single officers. These are given au- 
thority to appoint their subordinates, and they are held 
strictly accountable for the management of the depart- 
ment. Responsibility is further concentrated in some cities 
by giving the mayor power to appoint these heads of 
departments. 

Qualifications of City Officers. — Grave questions are in- 
volved in these matters of organization, but the efficiency 
of city government depends in the greatest measure upon 
the character of the officers who are placed in power. We 
need to recognize the importance, in city affairs as in pri- 
vate business, of securing officials who are qualified by 
training and by successful experience to serve the public. 
Economy and honesty in municipal government cannot be 
expected when politics alone determines appointments to 
office. The establishment of civil service examination sys- 
tems in certain cities 1 is a step in the right direction. 

1 Some of these are New York, Chicago, and Milwaukee. 



26 LOCAL GOVERNMENTS. 

Public Utilities. — Besides the administrative depart- 
ments already enumerated, we have in large cities those 
which control the supply of water, light, and transportation 
facilities. The industries furnishing these necessities may 
belong to the city, but in most cases they are owned by 
individuals and corporations. 1 Even then they should be 
subject to strict regulation by the city, for several reasons : 
(i) These industries make use of public streets. The right 
to do this is granted by the council in ^francJiise. (2) The 
product that is supplied being in each case a necessity, it 
is the duty of the city government to protect the citizens 
from any abuse or inconvenience that may arise in con- 
nection with it. (3) In nearly every case the industries 
in question are monopolies ; i.e. competition between rival 
plants is not possible. For this reason the public may 
suffer either from high rates or from imperfect service. 

The Granting of Franchises. — The control of public ser- 
vice corporations, as those are called which supply water, 
light, and transportation, may be secured in several ways : 
(1) Franchises should be granted for terms not longer than 
twenty years. The profits of these industries increase very 
rapidly with the growth of population ; consequently, it 
should be possible to compel the reduction of rates and 
the enforcement of other conditions favorable to the pub- 
lic, at the end of a short term of years. (2) Adequate 
means should be provided for enforcing the terms of 
franchises. Neglect of this makes possible serious abuses. 
(3) The accounts of the corporations that have franchises 

1 On this topic, see " Government in State and Nation," pp. 36-39. 



THE GOVERNMENT OF CITIES. 27 

should be made public, so that the people may know 
whether the profits are excessive. 

The Question of Municipal Ownership. — The opinion is 
gaining ground that no amount of municipal control will 
eliminate the evils of private ownership in these industries. 
Since they are " natural monopolies," it is argued they 
should be operated by the city government. This opinion 
is seen to have great weight when we consider the cor- 
ruption and the lack of attention to the public welfare that 
accompany the granting of franchises to corporations. The 
bribery of aldermen and the granting of valuable privileges 
without compensation are frequent occurrences. On the 
other hand, the facts that venal officers are elected in our 
cities, and that they ignore public interests with impunity, 
raise a very serious question whether they should be in- 
trusted with the management of great industries, such as 
water and lighting plants and street-car systems. 

Reasons for Poor City Government. — Other arguments 
may be made on both sides of this question of municipal 
ownership ; but there are fundamental reasons why the cities 
of the United States are, on the whole, poorly governed, 
which must receive consideration before this question can 
be settled. The conditions accounting for the evils of 
municipal government may be briefly stated as follows : 
(1) City governments are necessarily complex, and, in their 
administrative departments especially, a multitude of de- 
tails must receive attention. Citizens find it difficult to 
understand these transactions and even more difficult to 
follow them closely. (2) City governments must spend 



28 LOCAL GOVERNMENTS. 

vast sums of money, 1 and this fact constitutes a standing 
temptation to dishonest men, both in and out of office. 
(3) The rapidity with which cities have grown has in- 
creased the difficulty of their problems.' 2 (4) Individuals 
and corporations have found it necessary to secure fran- 
chises from cities for the operation of important industries ; 
this has opened many opportunities for corruption in city 
affairs. (5) The presence of large numbers of foreigners 3 
who are ignorant of governmental affairs has enabled cor- 
rupt politicians to exert undue influence upon the voters in 
city elections. 

The Reform of Municipal Governments. — Having re- 
viewed the principal causes for the evils of municipal gov- 
ernment, let us now consider some of the conditions that 
are necessary for bringing about reforms. 

(1) National politics should be entirely divorced from 
city affairs. It may be impossible to prevent the nomina- 
tion of candidates by the regular political parties ; but 
within each party local issues, not national, should deter- 
mine the selection of candidates. At the polls, the voter 
should cast his ballot independent of party considerations. 

(2) Public interest in municipal affairs and the existence 
of a strong civic pride are conditions that are essential to 
the election of good officers and to the purity of city gov- 
ernment. 

(3) Fundamental to the establishment of better munici- 

1 Statistics of expenditures of New York, London, Paris, and Philadelphia 
are given in " Government in State and Nation," p. 33. 

2 Yet European cities have grown with almost equal rapidity and are, on 
the whole, well governed. See ibid., p. 43. 

3 See statistics of foreign population in American cities, ibid., p. 40. 



THE GOVERNMENT OF CITIES. 29 

pal governments is the recognition by every citizen of his 
responsibility, not only on election day, but on every occa- 
sion when his influence can be exerted for the detection 
of wrong, the punishment of corrupt officials, and the 
encouragement of better things in all departments of city 
life. This means unselfishness in one's attitude toward 
the public welfare ; it means willingness to sacrifice time 
and effort in the public service. The example set by many 
eminent persons who have devoted themselves unselfishly 
to the accomplishment of reforms in our great cities may 
well be imitated by every citizen in the smaller affairs 
of his city or his ward. And the younger generation of 
citizens, who are yet students in the public schools, may 
exert no little influence toward the betterment of the city ; 
and they may aid in the formation of that better public 
sentiment without which no improvement in our standards 
of municipal government is possible. 

SUPPLEMENTARY QUESTIONS. 

Outline for the study of your city government. 
i. Was the city organized under a general law of the State, or was it 
granted a special charter? Does the legislature enact special 
laws for the city ? 

2. The mayor : term, salary. What are his principal powers? Should 

his responsibility be increased ? 

3. The council or board of aldermen : number of members, term of 

office, manner of election, compensation ? 

4. The municipal courts and judges. 

5. Administrative departments : make a complete list of these. Are 

they controlled by boards or by single officers? How do the 
officers obtain their positions ? Are they paid salaries ? Of what 
business does each have charge? 
5. How are the water, lighting, and street-car plants managed ? Do 



30 LOCAL GOVERNMENTS. 

you believe in the municipal ownership of any of them? Give 
reasons for your opinion. 

7. How do police officers receive appointment ? If an officer fails to 

enforce an ordinance, what course would you take to secure its 
enforcement? 

8. Are party lines closely adhered to by voters in city elections ? Are 

independent party organizations formed? Are they successful? 

9. What can you learn of reform movements that have taken place in 

your city's history ? Give the causes for the success or failure 
of these. 

10. What is the cost of your city government per annum ? Is it 

economically administered ? What are the principal items 
of expense ? Has the city other sources of revenue besides 
taxation ? 

11. What are the excellent features of your city's government ? What 

are its faults ? How may the latter be corrected ? 

12. Mention some ways in which students can assist in bringing 

about better conditions in your city. 

REFERENCES. 

1. What are the general causes of bad city government in the United 

States? Bryce, Vol. I, 608-614 (637-644). 

2. What reform measures have been suggested? Bryce, Vol. I, 614- 

619 (644-649). 

3. National politics in local affairs, Holt, Talks on Civics, 360-366. 

4. General accounts of city government, Bryce, Vol. I, Chapters 50 

and 52; Ashley, The American Federal State, Chapter 21. 

5. Among the most useful books on municipal government are Conk- 

ling, City Government in the United States ; Wilcox, The Study 
of City Government ; and Devlin, Municipal Reform in the 
United States. 

6. Problems of Municipal Government, N. Am. Rev., 172:751-763; 

Arena, 24 : 589-593. Responsibility in City Government, Forum, 
28:469-481; Arena, 27: 39-46. Council and Mayor, Atl. Mo., 
88:391-397. Municipal Situation in Ohio, Forum, 33 -.430-437. 
Charter Needs of Great Cities, N. Am. Rev., 170:850-856. The 
Poor in Cities, N. Eng. Mag., 25 : 63-73. Municipal Art, Harper's 
Mag., 100 : 655-666. Public Untidiness, Forum, 33 : 322-332. 



THE GOVERNMENT OF CITIES. 3 1 

7. Municipal Ownership, N. Am, Rev., 172:445-455 ; Arena, 25: ig8- 

2og ; Forum, 32:201-216; Atl. Mo., 88:463-482; Cen. Mag., 
60:311-312; Outlook, 66:502-508; 70:726-727; Rev. of R's, 
23 : 468-470. 

8. Reform of City Governments, Atl. Mo., 87 : 583-587 ; Arena, 27 : 

174-178. Chicago, Nation, 70 : 411-412 ; Rev. of R's, 21 : 736-737. 
The Chicago Voters' League, Outlook, 71 : 495-498. 



PART II. 
THE NATIONAL GOVERNMENT. 

CHAPTER V. 

EVENTS LEADING TO THE FORMATION OF THE UNION. 

Colonial Relations. — Why was union so long delayed? 
How was it finally accomplished ? These are always ques- 
tions of great interest to the student of American govern- 
ment. We note the general indifference toward union 
among the colonies before the Revolutionary War. This 
may be partially accounted for by the fact that each 
colony had its own separate government, and was jealous 
of all outside interference. Lack of good roads and 
methods of travel made extensive communication be- 
tween the scattered settlements difficult. Prejudice against 
strangers, and especially those of a different religious 
belief, was common. Bonds of sympathy, however, be- 
tween the citizens of different colonies were not wholly 
lacking. Their language and customs were mainly Eng- 
lish. Their chief desire was to develop a government 
according to their own plans. Common interests were at 
times created because of the necessity for providing pro- 
tection against their Indian, French, and Dutch foes. In 

32 



EVENTS LEADING TO FORMATION OF UNION. 33 

genera], we may say, Confederation was early brought 
about through need for defense, but union has been the 
result of two centuries and a half of growth. 

Union of the New England Colonies, 1643. — A notable 
attempt was made to form a confederation among the 
colonies in 1643. It is known as the New England 
Confederation, and included Massachusetts Bay, New 
Plymouth, Connecticut, and New Haven colonies. Their 
united energies were necessary to furnish protection against 
dangers from the Indians. The Dutch and French also 
tended constantly to encroach upon their rights. The 
governing body of this confederation was a board of 
commissioners. In the annual meetings of the commis- 
sioners, two being sent from each colony, questions of 
war, relations with the Indians, and other matters of 
mutual interest were discussed. But this central govern- 
ment possessed advisory powers only. The colonies were 
to provide for their own local government. The confed- 
eration became constantly weaker, and was finally dis- 
solved in 1684. Seventy years were to elapse before the 
call was sent out for a meeting of delegates from all the 
colonies at Albany, but the influence of the New England 
Confederacy was felt, no doubt, during that period. 

The Albany Congress, 1754. — Open hostilities with their 
enemies became more and more frequent. From the out- 
break of King William's War, in 1689, to 1754, the date 
of the Albany Congress, there were at least a dozen inter- 
colonial conferences called to consider means for .the 
common defense. Plans for union were also prepared. 
The most interesting is that of William Penn. In it, the 



34 THE NATIONAL GOVERNMENT. 

word " Congress " is used for the first time in connection 
with American affairs. As the final struggle with France 
for the possession of America was about to begin, a " Con- 
gress " of twenty- five of the leading men from seven differ- 
ent colonies met at Albany. They were called, primarily, 
for the purpose of making a treaty with the Iroquois 
Indians. This object secured, the resolution was then 
unanimously adopted that, " A union of all the colonies is 
at present absolutely necessary for security and defense." 
Franklin's famous plan providing for a permanent federa- 
tion of all the colonies was also adopted. When submitted 
to the colonies, it failed to receive the ratification of a 
single one. Nor was it acceptable to the English govern- 
ment. Said Franklin, "The assemblies all thought there 
was too much prerogative, and in England it was thought 
to have too much of the democratic." 

The Stamp Act Congress, 1765. — After the passing of 
the stamp act by the English government, the Massachu- 
setts house of representatives invited the other colonial 
assemblies to send delegations to a general congress. Nine 
colonies responded by sending twenty-eight men to the 
congress in New York City, October 7, 1765. 1 During the 
session of two weeks, these delegates drafted petitions to 
the English government and declared that the rights of the 
colonists were the same as those of the natural-born sub- 
jects of England. It is noteworthy that representatives 
had again assembled on the motion of the colonists them- 
selves. The growth of common interests was well ex- 

1 Virginia, New Hampshire, Georgia, and North Carolina sympathized with 
the movement, but did not send delegates. 



EVENTS LEADING TO FORMATION OF UNION. 35 

pressed by Christopher Gadsden of South Carolina, when 
he said : " There ought to be no New England man, no 
New Yorker, known on the continent ; but all of us Amer- 
icans." 

Committees of Correspondence. — Nine years were to go 
by before the meeting of another congress, but the colo- 
nists were prepared for a united effort at the end of this 
period. No sooner were the contents of the Townshend 
acts of 1767 known, than Massachusetts issued a circular 
letter to the other colonies, asking for combined action 
against all such unconstitutional measures. The other 
colonial assemblies agreed with Massachusetts. Another 
movement which made the Revolution possible was begun 
by Samuel Adams. In November, 1772, he prevailed 
upon the Boston town meeting to appoint a committee 
which should carry on a correspondence with committees 
organized in other towns of that colony. Rights and 
grievances were the chief subjects for consideration. Other 
colonies adopted this plan. Led by Virginia, the idea was 
carried one step farther, and in 1773 were formed com- 
mittees of correspondence between the different colonies. 
Thus, they were prepared for united action in the First and 
Second Continental Congresses. 

The First Continental Congress, 1774. — When the coercive 
acts of 1774 had been passed, Massachusetts, now in great- 
est need, called for a congress of all the colonies. Delegates 
from all, Georgia 1 excepted, assembled at Philadelphia, Sep- 
tember 5, 1774. In the Declaration of Rights, and in the 

1 Georgia was in sympathy with this movement. 



36 THE NATIONAL GOVERNMENT. 

adoption of the Articles of Association, they gave full ex- 
pression to colonial sentiment. They commended the 
resistance of the people of Massachusetts. They de- 
clared that all " America ought to support them in their 
opposition," if force should be used in carrying out the 
measures of Parliament. 

The Second Continental Congress, 1775. — Before adjourn- 
ing, the First Continental Congress provided for the meet- 
ing of another Congress, in May, 1775, unless the causes 
for colonial grievances should be earlier removed by the 
English government. But other measures of repression 
were quickly passed, and before the Second Continental 
Congress met, the Battle of Lexington had been fought 
and the American forces were blockading Boston. This 
congress convened in Philadelphia May 10, 1775, and con- 
tinued in session, with adjournments from time to time, 
until May 1, 1781. All of the colonies were represented. 
Like previous congresses, this was, at first, merely an ad- 
visory body, but necessity compelled it to act as a real 
government. It took control of military affairs, provided 
for a currency, threw open American ports to the ships of 
all nations, and did whatever else the necessities of the 
time seemed to demand. Having been appealed to for 
advice, this congress took a most notable position in recom- 
mending that new forms of government should be estab- 
lished in the several States. By the year 1777, ten States 
had framed new constitutions. It furthered independence 
by appointing a committee to draft resolutions based on 
the ideas of independence then everywhere present. The 
Declaration of Independence was the result. 



EVENTS LEADING TO FORMATION OF UNION. 37 

The Articles of Confederation. — Franklin early saw the 
need for a more effective government than that of a revo- 
lutionary assembly. On July 21, 1775, he presented to 
congress a plan for "perpetual union." Nearly a year 
elapsed before a committee was appointed to prepare 
some form for confederation to be entered into between 
the colonies. Another period of a year and five months 
was to go by before the report of this committee was 
adopted by the Continental Congress. It was then 
submitted to the State Legislatures for approval. After 
three years and a half, on March 1, 1781, Maryland, the 
last State, was induced to ratify the Articles of Confedera- 
tion. The adoption of these Articles is one of the most 
important events in the history of our Nation. While the 
Articles of Confederation must always be regarded as a 
weak instrument of government, we must not forget that 
the Continental Congress was then working out problems 
in the province of government that were almost wholly 
new. The solution, faulty as it was, went far to establish 
the place of the written Constitution as a basis for govern- 
ment. 

Said John Fiske : " Almost everything else in our fundamental in- 
stitutions was brought by our forefathers in a more or less highly 
developed condition from England; but the development of the written 
Constitution, with the consequent relation of the courts to the law- 
making power, has gone on entirely upon American soil." 

Practical Working of the Government. — Conditions soon 
proved the Articles unsatisfactory. The States were almost 
independent of the central government. There was no 
separate executive power to enforce, and no judiciary to 
interpret the laws. The nation was deep in debt, and 



38 THE NATIONAL GOVERNMENT. 

without means for payment. Paper money of the period 
was worthless, and debtors were rebellious. Disputes 
between the various States brought them to the verge of 
civil war. Each State had its own system of duties and 
imposts, which led to great confusion in commerce. No 
important resolution could be passed in Congress without 
the votes of nine States. No amendment was possible, 
except by the votes of all the States. Congress became 
constantly weaker as various members resigned to accept 
positions under State authority. In that most dangerous 
period of our history, extending from 1783 to 1788, aptly 
called the " critical period," it became constantly more 
apparent that government under the Articles of Confedera- 
tion was a failure. Fortunately, in this hour of gloom, 
there came forward Washington, Hamilton, Madison, and 
other leaders, who were prepared, if need be, to make 
compromises, but who were determined to preserve the 
elements of the union already secured. 

SUPPLEMENTARY QUESTIONS AND REFERENCES. 

1. How was the Stamp Act regarded in the different colonies as 

shown by the addresses made and resolutions offered? Hart, 
Contemporaries, II, 395-411 ; Tyler, Patrick Henry (American 
Statesmen), Chapters 5 and 6. 

2. Do you know of other instances in our history where a stamp act 

has been passed ? How was it regarded ? In what ways was it 
different from that of 1765 ? 

3. What was the origin of the Committees of Correspondence and 

how did they aid in unification ? Sloane, The French War and 
the Revolution, 161, 162; Hart, Formation of the Union, 57. 

4. Analyze the Declaration of Independence, and select from it the 

causes for the Revolution. 

5. Why was the adoption of the Articles of Confederation so long 



EVENTS LEADING TO FORMATION OF UNION. 39 

delayed ? Hart, Contemporaries, II, 539-543 ; Fiske, The Criti- 
cal Period, 93, 95; Walker, The Making of the Nation, 6; Hart, 
Formation of the Union, 93-95. 

6. Read the Articles of Confederation (Appendix B). 

(a) How was the Congress composed? 
(p) The number necessary for a quorum ? 

(c) The powers of Congress ? 

(d) Powers of the separate States? 

7. Defects of the Confederation. Hart, Contemporaries, II, 591-603. 

8. What was the attitude toward union during the period 1783-1788 ? 

Were there notable bonds of union even at this time ? What 
other influences have increased this sentiment ? Fiske, Critical 
Period, 55-63; Walker, The Making of the Nation, 7, 8. 

g. President Roosevelt said, in an address delivered April 9, 1902, at 
Charleston, S.C., "When four years ago this nation was com- 
pelled to face a foreign foe, the completeness of the reunion be- 
came instantly and strikingly evident." What is his meaning? 
How does the statement illustrate the point emphasized in this 
chapter, that a common danger produces union ? 

to. Describe the character of the money used in 1783 and succeeding 
years. What was its influence? Fiske, Critical Period, 162-186. 



CHAPTER VI. 

THE CONSTITUTIONAL CONVENTION. 

Events Leading to the Constitutional Convention. — 
Among the many difficulties that arose during the period 
of the Confederation, were constant disputes between Vir- 
ginia and Maryland over the navigation of the Potomac 
River and Chesapeake Bay. Finally, in March, 1785, 
commissioners from these States met at Alexandria to con- 
sider these difficulties. The outcome of the meeting was 
that Virginia called for delegates from all of the States to 
meet for the consideration of the commercial relations of 
the entire country. Delegates from five States only were 
present at Annapolis on the day appointed, September 11, 
1786. Nothing permanent could be accomplished with 
so few States represented. Before adjourning, however, 
they agreed to a resolution, framed by Alexander Hamil- 
ton, which proposed the calling of a convention at Phila- 
delphia to amend the Articles of Confederation. 

The Federal Convention, 1787 ; Delegates. — All of the 
States, Rhode Island excepted, were finally represented in 
this, one of the most notable conventions in the history of 
the world. Among the fifty-five delegates assembled were 
many who had already been conspicuous in public affairs. 
They were the choice men of the States from which they 

40 



THE CONSTITUTIONAL CONVENTION. 41 

came. Twenty-nine of the number were university men. 
Washington and Franklin were present, and Washington 
was unanimously chosen president of the convention. 
Neither of these men took an active part in the debates ; 
but their presence gave inspiration to the other members, 
and they had untold influence at critical times. Among 
the ablest members were Alexander Hamilton of New 
York ; James Madison of Virginia ; Oliver Ellsworth and 
William S. Johnson of Connecticut; James Wilson and 
Gouverneur Morris of Pennsylvania ; Rufus King of Mas- 
sachusetts ; and Charles C. Pinckney of South Carolina. 

Our Knowledge of the Convention. — The Convention lasted from 
May 25 to September 17, 1787. The sessions were secret. Fortu- 
nately we are not dependent on the Secretary's report alone for our 
knowledge of the meetings. 1 Mr. Madison seemed to understand the 
full meaning of the Convention from the first, and decided to give an 
accurate account of the proceedings. He wrote: " Nor was I unaware 
of the value of such a contribution to the fund of materials for the his- 
tory of a Constitution on which should be staked the happiness of a 
people great even in its infancy, and possibly the cause of liberty 
throughout the world." His notes were purchased by the government 
from Mrs. Madison in 1837, for the sum of thirty thousand dollars. 
They were published as "Madison's Journal of the Constitutional 
Convention." 

Plans for a Government ; Virginia Plan. — The magnitude 
of the labors of this Convention can be understood only 
when we read the report of the discussions as given by 
Madison. It was at once determined that no time should 
be lost in patching up the Articles, but that a new Con- 
stitution should be formed. Two sets of resolutions were 
early submitted, each setting forth a plan of government. 

1 It was published in 1819 as a part of Volume I of " Elliot's Debates." 



42 THE NATIONAL GOVERNMENT. 

The Virginia plan was largely the work of Mr. Madison- 
It provided for the establishment of a national government 
with supreme legislative, executive, and judicial powers. 
The legislative power was to be vested in a Congress ot 
two separate houses. The executive was to be chosen by 
both houses of Congress, and the judiciary by the Senate. 
Representation in both houses of Congress was to be based 
on population or the contributions to the support of the 
government. This scheme was fiercely attacked by the 
delegates from the small States, for it would clearly give 
control into the hands of the more powerful States. 

The New Jersey Plan. — The New Jersey plan, presented 
by Mr. Patterson of that State, was agreed upon by the 
members from Connecticut, New York, New Jersey, Dela- 
ware, and Maryland. This Small State plan, so called, 
provided for a continuance of the government under the 
Articles of Confederation. They were to be revised in 
such a manner as to give Congress the power to regulate 
commerce, to raise revenue, and to coerce the States. The 
Small State party insisted that the Virginia plan, if adopted, 
would destroy the sovereignty of the States. They would 
rather, they said, submit to a foreign power than be de- 
prived of equality of suffrage in both branches of the 
Legislature. Madison, Wilson, King, and other leaders of 
the Large State party declared that the basis for the new 
government was to be the people and not the States ; that 
it would be unfair to give Delaware as many representa- 
tives as Virginia or Pennsylvania. After many days of 
fruitless debate, a compromise, sometimes called the " First 
Great Compromise," was presented and finally adopted. 



THE CONSTITUTIONAL CONVENTION. 43 

This provided that the House of Representatives should 
be composed of members elected on the basis of popula- 
tion. In the Senate, large and small States were to be 
equally represented. 

The Slavery Problem; Second Compromise. — How was 

the number of the representatives to be found? Were 
slaves to be counted as a part of the population ? A heated 
debate arose over these questions. The delegates from 
South Carolina maintained that slaves were a part of the 
population and as such should be counted. The answer 
was made that slaves were not represented in the Legisla- 
tures of that and other States; that slaves were regarded 
in those States merely as so much property, and as such 
ought never to be represented. Finally, when it seemed 
that the work of the Convention must fail, a compromise, 
known as "the three-fifths compromise," was accepted. 
This provided that five slaves were to be counted as three 
free persons. 

The Third Compromise. — Slaves and commerce fur- 
nished the basis for a third compromise. South Carolina 
and Georgia desired to have the foreign slave-trade contin- 
ued. Some of the other Southern States and the Northern 
States generally were opposed. The New England mem- 
bers were anxious that the National government should 
have complete control of foreign commerce. This was re- 
sisted by some of the Southern delegates, who feared that 
the importation of slaves might thereby be prohibited. 
Finally, a compromise was agreed upon which gave Con- 
gress power over foreign and interstate commerce, but 
forbade any act which might prohibit the importation of 



44 THE NATIONAL GOVERNMENT. 

slaves before 1808. It was also agreed that a tax of ten 
dollars each might be laid on all slaves imported. While 
the entire Constitution may be said to be made up of com- 
promises, the agreement upon these three rendered the 
further work of the Convention possible. 

Signing the Constitution. — Gouverneur Morris was se- 
lected to give the document its final form. The clear, sim- 
ple English used is due largely to him. After thirty-nine 
members, representing twelve different states, had signed 
the Constitution, the Convention adjourned. While the 
last signatures were being written, Franklin said to those 
standing near him, as he called attention to a sun blazoned 
on the back of the President's chair : " I have, often and 
often, in the course of the session, and the vicissitudes of 
my hopes and fears as to its issue, looked at that behind 
the President, without being able to tell whether it was 
rising or setting ; but now, at length, I have the happiness 
to know that it is a rising and not a setting sun." 

Difficulties of Ratification. — The Convention submitted 
the Constitution to Congress. Here, for eight days, it was 
attacked by its opponents. Finally, Congress passed it 
on to the State Legislatures, to be sent by them to State 
conventions. This process of ratification was provided 
for by Article VII of the Constitution, as follows: The 
ratification of the conventions of nine States shall be sufficient 
for the establishment of this Constitution between the States 
so ratifying the same.'" 

The period included between September 28, 1787, when 
Congress transmitted the Constitution to the State Legis- 
latures, and June 21, 1788, when New Hampshire, the 



THE CONSTITUTIONAL CONVENTION. 45 

last of the necessary nine States, ratified, was one of the 
most critical in our history. Political parties, in a truly 
National sense, were formed for the first time. Among 
the leaders who defended ably the views of those who 
opposed the ratification of the Constitution were Patrick 
Henry, Richard Henry Lee, Elbridge Gerry, and George 
Clinton. It was urged that there was no Bill of Rights, 1 
that the President would become a despot, and that 
equality of representation in the Senate was an injustice 
to the larger States. " Letters from the Federal Farmer," 
prepared for the press of the country by Richard Henry 
Lee, set forth clearly the views of the Anti-Constitutional 
party. 

" The Federalist." — No influence was more noteworthy in bringing 
about ratification than a series of political essays afterward collected 
under the name of "The Federalist." It is considered to-day the best 
commentary on the Constitution ever written. Alexander Hamilton 
originated the plan, and wrote 51 of the 85 numbers. James Madison 
wrote 29, and John Jay 5. 

The Influence of Washington. — Washington, was again a giant in 
his support of the Constitution. In a letter to Patrick Henry he early 
sounded an effective note of warning against anarchy, expressing the 
very fear that finally led many in the conventions to vote for the Con- 
stitution. He wrote : " I wish the Constitution which is offered had 

1 A Bill of Rights, in which the idea of the rights of man were set forth, 
was a significant part of nearly all the State constitutions. Englishmen, 
generally, had been familiar with the formal statement of these principles since 
1689, when William and Mary accepted the Declaration of Rights as a condi- 
tion of their receiving the crown of England. During the same year, Parlia- 
ment gave the Declaration of Rights the form of a statute, under the name of 
the Bill of Rights. Among other rights it demanded that the king, without the 
sanction of Parliament, should not raise an army, secure money, or suspend 
the laws; also, that the right of petition, freedom in the exercise of religion, 
and equality under the laws were to be granted all subjects. 



46 THE NATIONAL GOVERNMENT. 

been more perfect ; but it is the best that could be obtained at this 
time, and a door is open for amendments hereafter. The political con- 
cerns of this country are suspended by a thread. The convention has 
been looked up to by the reflecting part of the community with a solici- 
tude which is hardly to be conceived, and if nothing had been agreed 
upon by that body, anarchy would soon have ensued, the seeds being 
deeply sown in every soil." 

Ratification Secured. — Delaware, the first State, ratified 
December 6, 1787, without a dissenting vote. Pennsyl- 
vania, New Jersey, Georgia, and Connecticut followed 
quickly. Much depended on the action of the Massachu- 
setts convention. After prolonged debate, the delegates 
were finally influenced by the statement that amendments 
might be made, and they ratified the Constitution by a 
vote of 187 to 168. The ninth State was secured in the 
ratification by New Hampshire, June 21, 1788. It was 
not until November 21, 1789, however, that North Carolina 
voted to accept the Constitution. Rhode Island held out 
until May 29, 1790. 

The New Government put into Operation. — When the 
ratification of the ninth State had been secured, Congress 
appointed a special committee to frame an act for putting 
the Constitution into operation. It was enacted that the 
first Wednesday in January should be the day for appoint- 
ing electors ; that the electors should cast their votes for 
President on the first Wednesday in February, and that on 
the first Wednesday of March the new government should 
go into operation. It was not until April 1 that a 
quorum was secured in the House of Representatives, and 
in the Senate not until April 6. The electoral votes 
were counted in the presence of the two houses on 



THE CONSTITUTIONAL CONVENTION. 47 

April 6. 1 The inauguration of President Washington 
did not take place, however, until April 30. 

Origin of the Constitution. — Before making a study of 
this epoch-making document, let us inquire briefly as to its 
origin. An analysis of the Constitution shows that there 
are some provisions which are new, and that English 
precedent had an influence. The main features, however, 
were derived from the constitutions of the States with 
whose practical workings the delegates were familiar. 
The following well-known statement is an excellent sum- 
mary : " Nearly every provision of the Federal Constitu- 
tion that has worked well is one borrowed from or 
suggested by some State constitution ; nearly every pro- 
vision that has worked badly is one which the convention, 
for want of a precedent, was obliged to devise for itself." 

Authority and Objects of the Constitution. — It was evi- 
dently the intention of the framers of the Constitution to 
found a government deriving its authority from the 
people rather than from the States. The purposes for 
which this was done are set forth in the following enacting 
clause, commonly called the Preamble : — 

" We, the people of the United States, in order to form a 
more perfect union, establish j?tstice, insure domestic tran- 
quillity, provide for the common defense, promote the general 
tvelfare, and secure the blessings of liberty to ourselves and 
our posterity, do ordain and establish this Constitution for 
the United States of America." 

1 New York did not choose electors. North Carolina and Rhode Island, 
as we have seen, had not ratified the Constitution. 



48 THE NATIONAL GOVERNMENT. 

This clause was attacked vigorously by the opponents of 
the Constitution, and especially in the Virginia and the 
North Carolina conventions. Said Patrick Henry : " And 
here I would make this inquiry of those worthy characters 
who composed a part of the late Federal Convention. . . . 
I have the highest veneration for those gentlemen ; but, 
sir, give me leave to demand what right had they to say, 
' We, the people ' ? . . . Who authorized them to speak 
the language of, We, the people, instead of, We, the States ? 
If the States be not the agents of this compact, it must be 
one great, consolidated, national government of the people 
of all the States." It was argued, on the other hand, by 
Randolph, Madison, and others, that the government, 
under the Articles of Confederation, was a failure, and 
that the only safe course to pursue was to have a govern- 
ment emanating from the people instead of from the 
States, if the union of the States and the preservation of 
the liberties of the people were to be preserved. 

SUPPLEMENTARY QUESTIONS AND READINGS. 

i. For an account of the members of the Convention, see Hart, Con- 
temporaries, III, 205-211. 

2. For the contributions of the individuals and the classes of dele- 

gates, see Walker, The Making of the Nation, 23-27; Fiske, 
Critical Period, 224-229. 

3. Discuss the peculiar conditions in Massachusetts. Give the argu- 

ments presented. Walker, 56-57; Fiske, Critical Period, 316- 

33i- 

4. How was the Constitution regarded in Virginia ? Walker, 58, 60; 

Fiske, Critical Period, 334-338. 

5. What was the attitude of the New York Convention toward the 

Constitution ? Fiske, Critical Period, 340-345. 

6. What objections were made against the Constitution in North 

Carolina? Hart, Contemporaries, III, 251-254. 



THE CONSTITUTIONAL CONVENTION. 49 

7. What would have been the status of North Carolina and Rhode 

Island if they had not ratified ? Walker, 73, 74; Hart, Forma- 
tion of the Union, 132, 133. 

8. Show the influence of the State constitutions on the Federal Con- 

stitution. James and Sanford, Government in State and Na- 
tion, 135. 
g. For other questions on the material in this chapter, see Fiske, 
Civil Government, 211, 212; James and Sanford, Government 
in State and Nation, 136, 137, 138. 



CHAPTER VII. 
ORGANIZATION OF THE LEGISLATIVE DEPARTMENT. 

Article I. 

A Congress of Two Houses. — Section i. All legislative 
powers, herein granted, shall be vested in a Congress of the 
United States, xvJiicli shall consist of a Senate and House 
of Representatives. 

In the Constitutional Convention, the Pennsylvania dele- 
gates were the only ones who objected to the formation 
of a legislative body having two houses. It was believed 
that with two houses one would be a check upon the 
other, and that there would be less danger of hasty and 
oppressive legislation. Another reason for the formation 
of a Congress having two houses was that the colonists 
were familiar with this kind of Legislature. It existed in 
all of the States, Pennsylvania and Georgia excepted. 

Term of Members and Qualifications of Electors. — Sec- 
tion 2, Clause I. The House of Representatives shall be 
composed of members chosen every second year by the people 
of the several States, and the electors in each State shall 
have the qualifications requisite for electors of the most 
numerous branch of the State legislature. 

A short term for representatives was agreed upon, for 
it was the design to make them dependent on the will of 

50 



ORGANIZATION OF LEGISLATIVE DEPARTMENT. 51 

the people. The question frequently arises, therefore, 
ought representatives to be compelled to receive instruc- 
tions from those who elect them ? May we not agree 
that our legislation would often be more efficient if the 
welfare of the Nation were considered, rather than what 
seems, for the moment, to be only the concern of a dis- 
trict or even a State ? Securing the best interests of 
all may mean at times, also, the sacrifice of mere party 
principles. 

Who may vote for Representatives. — By the workpeople 
and electors is meant voters. With the desire to make 
the House of Representatives the more popular branch, 
it was decided to grant the right of voting for a represen- 
tative to any person who might be privileged to vote for 
a member of the lower house of the Legislature of his 
State. The freedom of a State to determine what these 
qualifications are, is limited only by the provisions of the 
fifteenth amendment : — 

Amendment XV. The right of citizens of the United 
States to vote shall not be denied or abridged by the United 
States, or by any State, on account of race, color, or previous 
cojidition of servitude. 

This amendment was proposed by Congress in Febru- 
ary, 1869, and was declared in force, March 30, 1870. 
It was for the purpose of granting more complete political 
rights to the negroes, recently declared, by Amendment 
XIV, to be citizens. 

Method and Time of choosing Representatives. — The 

Constitution prescribes that representatives shall be elected 
by the people. Congress has provided that represen- 



52 THE NATIONAL GOVERNMENT. 

tatives shall be chosen on the Tuesday next after the 
first Monday in November of the even-numbered years. 1 
Congress has also decreed that representatives shall be 
chosen by districts ; but the State Legislature has complete 
control of the districting of its State. However, Congress 
has declared that these districts shall be composed of 
contiguous territory, and contain, as nearly as practicable, 
an equal number of inhabitants. Now, usage has defined 
territory to be contiguous when it touches another portion 
of the district at any one point. As a result of this ques- 
tionable interpretation, some States have been divided into 
districts of fantastic shapes, to promote the interests of 
the party having the majority in the State Legislature. 2 

Proportional Representation. — Proportional representation, which 
is coming into favor in these days, would doubtless do much toward 
remedying this abuse. According to the present system of electing rep- 
resentatives by districts, large minorities of voters are not represented. 
Numerous plans of" Proportional Representation" have been advocated. 
One such plan is in operation in Illinois 3 for the election of members 
to the State house of representatives. Each district elects three mem- 
bers on a general ticket. The voter may give one vote to each candi- 
date, or one and a half votes to each of two candidates, or three votes 
to a single candidate. Therefore, the minority, by concentrating their 
votes on one candidate, may elect a representative to the Legislature, 
when under the district system they would not be represented. 

Qualifications of Representatives. — Section 2, Clause 2. 
No person shall be a representative who shall not have 

1 The only exceptions to this rule are : Oregon holds its election on the 
first Monday in June ; Vermont, on the first Tuesday in November ; and 
Maine, on the second Monday in September. 

2 This process is called " gerrymandering." See, also, " Government in 
State and Nation," pp. 153, 154. 

3 On Proportional Representation, read " Government in State and Na- 
tion," pp. 13, 14, 15. 



ORGANIZATION OF LEGISLATIVE DEPARTMENT. 53 

attained to the age of twenty-five years, and been seven years 
a citizen of tlie United States, and who shall not, when 
elected, be an inhabitant of that State in which he shall be 
chosen. 

In the original States there was great diversity of quali- 
fications for members of the lower houses of their Legisla- 
tures. But some uniform system was necessary for the 
National organization, and so the few simple requirements 
of this clause were introduced. It is understood, however, 
that the States may not add other qualifications. While a 
representative must be an inhabitant of the State in which 
he is chosen, he need not, so far as the Constitution 
requires, be an inhabitant of the district. But the in- 
stances have been few in which a member of the House has 
not been also an inhabitant of the district which he repre- 
sents. According to the English system of representation, 
a member of the House of Commons frequently represents 
a borough or county in an entirely different part of the 
kingdom from that of which he is an inhabitant. 

May the House refuse to admit a person duly elected and possessing 
the necessary qualifications ? This question arose in the 56th Congress, 
in the case of Brigham Roberts of Utah. He was finally excluded. 

Present System of apportioning Representatives. — Sec- 
tion 2 of Amendment XIV contains the rule of apportion- 
ment that is now in operation. This became a part of the 
Constitution, July 28, 1868. 

Representatives shall be apportioned among the several 
States according to their respective numbers, counting the 
whole number of persons in each State, excluding Indians 
not taxed- But when the right to vote at any election for 



54 THE NATIONAL GOVERNMENT. 

the choice of electors for President and Vice-President of 
the United States, representatives in Congress, the execu- 
tive and judicial officers of a State, or the members of the 
legislature thereof, is denied to any of the male inliabitants 
of such State, being twenty -one years of age, and citizens 
of the United States, or in any way abridged, except for 
participation in rebellion or other crime, the basis of repre- 
sentation therein shall be reduced in the proportion which the 
number of such male citizens shall bear to the whole number 
of male citizens twenty-one years of age in such State. 

The second sentence of this section was framed in the 
belief that the States, rather than lose a portion of their 
representatives in Congress, would grant the right of 
suffrage to negroes already declared to be citizens. 
But proportional reduction of representatives was never 
put into practical operation, for before the next apportion- 
ment of representatives, Amendment XV became a part 
of the Constitution, and negro suffrage was put on the 
same basis as white. However, the enforcement of Section 
2 of Amendment XIV has been strongly urged in our own 
time. This is because it is estimated that many thousand 
negroes have been disfranchised through the restrictions 
on the right of suffrage found in the recent constitutions 
of several Southern States. 

The " Indians not taxed " doubtless refers to those 
Indians who still maintain their tribal relations or who 
live on reservations in the several States. Their number, 
according to the census of 1900, was 44,617. 

Early Apportionment. — The number of representatives 
to which each of the States was originally entitled is given 



ORGANIZATION OF LEGISLATIVE DEPARTMENT. 55 

in Section 2, Clause 3, of the article we are now consid- 
ering as follows : — 

Representatives and direct taxes shall be apportioned 
among the several States which may be included within this 
Union, according to their respective numbers, which shall be 
determined by adding to the whole number of free persons, 
including those bound to service for a term of years, and ex- 
cluding Indians not taxed, three-fifths of all other persons. 
The actual enumeration shall be made within three years 
after the first meeting of tlie Congress of the United States, 
and witJiin every subsequent tc7'm of ten years, in such 
manner as they shall by law direct. The number of repre- 
sentatives shall not exceed one for every thirty thousand, but 
each State shall have at least one representative ; and tmtil 
such enumeration shall be made, the State of New Hamp- 
shire shall be entitled to choose tliree, Massachusetts eight, 
Rhode Island and Providence Plantations one, Connecticut 
five, New York six, New Jersey four, Pennsylvania eight, 
Delaware one, Maryland six, Virginia ten, North Carolina 
five, South Carolina five, and Georgia tliree. 

The three-fifths rule was rendered void by the adoption 
of Amendment XIII, which abolished slavery, since there 
were no longer the "other persons." That part of the 
clause which provides for the laying of direct taxes is still 
in force. 

The Census. — In order to carry out the provision of the Constitu- 
tion, an "actual enumeration" was made in 1790. Since that date 
there has been a census every ten years. The taking of the census and 
the compilation and publication of the statistics connected with it are 
under the supervision of the director of the census. Work on the 
twelfth census was begun June 1, 1900, and required over 50,000 
enumerators, 2500 clerks, and 2000 special agents. The cost was some 



56 THE NATIONAL GOVERNMENT. 

$12,000,000. The most important volumes found in the report are 
those on population, 1 manufactures, and agriculture. The taking of the 
census will, in the future, be more economical and efficient because of 
the establishment of the permanent census bureau by an act of Con- 
gress in 1902. 

Ratio of Representation. — The Constitution provided that there 
should be 65 members in the first House of Representatives. After 
the first census, Congress agreed that there should be one representa- 
tive for each 33,000 of the population. This gave a house with 105 
representatives. From that time the ratio of representation has been 
changed every ten years. Otherwise, with the rapid increase in popula- 
tion, the House would soon become too large. The ratio adopted by 
ihe act of January 12, 1901, was one representative to 194,182 people. 2 
After March 4, 1903, therefore, there will be at least 386 members in 
the House, if the membership is complete. 3 

Members from New States. — Should a new State be ad- 
mitted after the apportionment is made, its representatives 
are always additional to the number provided for by law. 

The Constitution provides that each State shall have at 
!east one representative. If this provision had not been 
made, the States of Delaware, Idaho, Nevada, and Wyo- 
ming, each having a smaller population than the ratio 
adopted in 1901, would not be represented. 

Territorial Delegates. — The organized Territories are 
each entitled to send a delegate to the House of Repre- 
sentatives. He is allowed to speak on any question that 
has to do with his Territory, but may not vote. 

1 The population of the United States, according to the first census, was 
3,929,214. The population in 1900 was 76,303,387. 

2 For the method of apportionment, see " Government in State and Na- 
tion," p. 145. 

3 The number of members in the English House of Commons is 670 ; in 
the French Chamber of Deputies, 584 ; and in the German Reichstag, 396. 



•ORGANIZATION OF LEGISLATIVE DEPARTMENT. 57 

Vacancies. — Section 2, Clause 4. When vacancies 
happen in the representation from any State, the executive 
authority tJiereof shall issue writs of electio?i to fill such 
vacancies. 

When a vacancy occurs in the representation from any- 
State on account of death, expulsion, or for other cause, it 
is made the duty of the Governor of the State in which the 
vacancy exists to call for a special election in that district 
to choose a representative for the remainder of the term. 

Officers. — Section 2, Clause 5. The House of Repre- 
sentatives shall choose their Speaker and other officers, and 
shall have the sole power of impeachment. 

The Speaker, who is the presiding officer, has always 
been a member of the House, but the Constitution does 
not say that he shall be. The other officers are the Clerk, 
Sergeant-at-Arms, Doorkeeper, Postmaster, and Chaplain, 
none of whom is a member of the House. 

Number and Term of Office of Senators. — Section 3, 
Clause 1 . The Senate of the United States shall be com- 
posed of two senators from each State, chosen by the legis- 
lature thereof for six years, and each senator shall have one 
vote. 

As we have seen, the provision that there should be two 
senators from each State was the result of a compromise. 
Consequently New York and Pennsylvania have but the 
same number as Delaware and Nevada. 1 The term of six 
years for senators was likewise a compromise measure. 
There were members of the convention who favored three 

1 The Senate now contains 90 members ; the English House of Lords,, 
560 ; and the French Senate, 300. 



58 THE NATIONAL GOVERNMENT. 

years ; others wanted nine years, and Hamilton desired 
that the term should be during good behavior. Many 
States have practically lengthened the prescribed term by 
the wise policy of returning acceptable senators for more 
than one term. Although elected by the State Legislature, 
senators do not vote by States. The senators from a 
State may, and often do, vote on opposite sides of a 
question. 

Qualifications of Senators. — Section 3, Clause 3. No 
person shall be a senator wlio shall not have attained to 
the age of thirty years, and been nine years a citizen of 
the United States, and who shall not, when elected, be an 
inhabitant of that State from which he shall be chosen. 

The reasons for requiring different qualifications in 
senators from those of representatives is expressed in 
"The Federalist" as follows: "The propriety of these dis- 
tinctions is explained by the nature of the senatorial trust, 
which, requiring greater extent of information and stability 
of character, requires at the same time that the senator 
should have reached a period of life most likely to supply 
these advantages." The attitude of Americans toward the 
Senate to-day differs from that manifest during the first 
quarter century of our history. Has the Senate degen- 
erated? is a question frequently asked. The presence in 
that body of numerous millionaires has also excited un- 
favorable comment. There have been two instances only 
in which senators have been disqualified because of inade- 
quate citizenship. 

Times and Places for electing Senators and Representa- 
tives. — Section 4, Clause 1. The times, places, and man- 



ORGANIZATION OF LEGISLATIVE DEPARTMENT. 59 

ner of holding elections for senators and representatives 
shall be prescribed in each State by the legislature thereof ; 
but the Congress may at any time, by law, make or alter 
such regulations, except as to the place of choosing senators. 
It is desirable that Congress should have the final au- 
thority in providing for the election of its own members, 
because the very existence of the Union might otherwise 
be left, at times, to the whims of the State Legislatures. 
Congress, in 1866, provided for the system now in use. 

The Legislature, chosen next before the expiration of the term of a 
senator, proceeds to elect his successor on the second Tuesday after its 
organization. On that day each house must vote separately by a viva 
voce vote. The two houses are required to meet in joint assembly at 
noon the following day, when the results are read. If the same person 
has received a majority of the votes in both houses, he is elected. If 
no person have such majority, the joint assembly must take a viva voce 
vote. The person receiving a majority of such votes is elected, pro- 
viding a majority of all the members elected to both houses are present 
and voting. Should there still be no election, the joint assembly must 
meet at noon on each succeeding day, and take at least one vote until 
a senator shall have been chosen. The procedure is the same in the 
case of a vacancy which has occurred before the Legislature has assem- 
bled. When the vacancy happens during the session of the Legislature, 
it must proceed in the same way the second Tuesday after receiving 
notice of the vacancy. 

Election of Senators by Popular Vote. — Shall United States sena- 
tors be elected by popular vote? This question has been much dis- 
cussed in recent years. Deadlocks and bribery in State Legislatures 
have done much to bring it into prominence. Besides, there is a grow- 
ing feeling that the people are quite as competent to elect United States 
senators as they are to choose other officers. The House of Repre- 
sentatives, on several occasions, has passed a resolution favoring an 
amendment to the Constitution that will secure this result; but each 
time it has failed in the Senate. At the beginning of the year 1903 
there were twenty-seven of the State Legislatures on record as in favor 
of this reform. That the people generally desire such an amendment 



60 THE NATIONAL GOVERNMENT. 

cannot be questioned, if we may judge by the vote cast in Illinois in the 
November election of 1902. 451,319 voters favored popular election 
of senators ; 76,975 opposed. 

Vacancies in the Senate. — As provided in Clause 2, of 
Section 3 of the article we are considering, a vacancy 
occurring in the Senate during the recess of the Legisla- 
ture of any State may be filled, temporarily, through an 
appointment made by the Governor of that State. A 
senator thus appointed holds his office until the Legisla- 
ture meets. In case that body fails to elect his successor, 
he retains the office until the end of the session of the 
Legislature. But the State will then lack one member in 
the Senate, because the governor may not, by appoint- 
ment, fill a vacancy resulting from the failure of the 
legislature to elect. 1 

Classes of Senators. — Section 3, Clause 2. Immediately 
after they shall be assembled in consequence of the first elec- 
tion, they shall be divided, as equally as may be, into three 
classes. The seats of the senators of the first class shall be 
vacated at the expiration of the second year ; of the second 
class, at the expiration of the fourth year ; and of the third 
class, at the expiration of the sixth year ; so that one-third 
may be cJwsen every second year, and if vacancies happen by 
resignation or otherwise, during the recess of the legislature 
of any State, the executive thereof may make temporary 
appointments until the next meeting of the legislature, which 
shall the7i fill such vacancies. 

This provision makes the Senate a permanent body, 
since only one-third of the members go out of office every 
two years. In the first session of the first Congress the 

1 For a test case, see " Government in State and Nation," p. 149. 



ORGANIZATION OF LEGISLATIVE DEPARTMENT. 6 1 

senators were divided into three classes. It has been the 
custom to place the senators from new States in different 
classes. This is done in order to preserve, so far as pos- 
sible, the equality of numbers in each class. ' Besides, a 
State is thus enabled to keep one man of experience in the 
Senate. When a new State is admitted, the senators from 
that State determine by lot, drawn in the presence of the 
Senate, which classes they are to enter. Thus when 
Utah was admitted, her Senators were assigned to the 
two and four year classes, neither of them serving the 
full term of six years. 

President of the Senate. — Section 3, Clause 4. The 

Vice-President of the United States shall be President of the 
Se7iate, but shall have no vote unless they be equally divided. 

Other Officers. — Section 3, Clause 5. The Senate shall 
choose their other officers, and also a President pro tempore, 
in the absence of the Vice-President, or when lie shall exercise 
the office of President of the United States. 

The Vice-President of the United States is the presiding 
officer of the Senate. He cannot take part in debates, and 
has no vote unless there be a tie. In marked contrast with 
the power of the Speaker, he cannot name the committees, 
and has no direct authority in legislation. Indeed, the 
office is regarded as one of so little influence that it is 
sometimes difficult to secure, as candidates for it, men of 
recognized prominence. 

The other officers of the Senate are Secretary, Chief 
Clerk, Sergeant-at-arms, Chaplain, Postmaster, Librarian, 
and Doorkeeper, none of whom is a member of the Senate. 
It is desirable, in the absence of the Vice-President, that 



62 THE NATIONAL GOVERNMENT. 

the Senate should have a presiding officer. At the open- 
ing of the session, therefore, that body chooses from its 
own members a president pro tempore. He may vote on 
any question, but cannot cast the deciding vote in case of 
a tie. 

When Congress Meets. — Section 4, Clause 2. The 
Congress shall assemble at least once in every year, and such 
meeting shall be on the first Monday in December, unless 
they shall by law appoi7it a different day. 

As we have already seen, representatives are elected 
for a term of two years. This period defines the length 
of a Congress. Representatives, as we know, are chosen 
on the first Tuesday after the first Monday in November. 
Now the term of office of a representative begins legally 
on the fourth of March succeeding the time of his election. 1 
Except in the case of a special session, this term does 
not really begin until the first Monday of the following 
December, or thirteen months after the election. It would 
seem desirable that the members should be given an 
earlier opportunity to express themselves on the issues 
upon which they have been chosen. 

Sessions of Congress. — Each Congress has two regular 
sessions. The first is called the " long session," for its 
length is not determined by a definite date of adjournment. 
It usually lasts until midsummer and may not extend be- 
yond the first Monday in December, the time fixed for 
the beginning of the next session. The second, or "short 
session," cannot extend beyond 12 m. of March 4, the time 

1 The limits of the 58th Congress will be March 4, 1903, to March 4, 1905. 



ORGANIZATION OF LEGISLATIVE DEPARTMENT. 63 

set for a new Congress to begin. The President may con- 
vene Congress in special session. 

Organization of Congress. — The first Monday in December of each 
second year is a notable day in Washington, for the formal opening of 
a new Congress is regarded as an important event. The House of 
Representatives must go through the entire process of organization. 
To the Clerk of the preceding House are intrusted the credentials of the 
members, and from these he makes out a list of those who are shown to 
be regularly elected. At the hour of assembly he calls the roll from 
this list, announces whether or not a quorum is present, and states that 
the first business is to elect a Speaker. After his election, the Speaker 
takes the oath of office, which is administered by the member who has 
had the longest service in the House. The Speaker then administers 
the oath to the members by States. The election of the Chief Clerk 
and the other officers follows, after which the House is said to be 
organized. 

The Senate is a " continuing body," and no formal organization is 
necessary. At the opening of a new Congress the Vice-President calls 
the Senate to order and the other officers resume their duties. After 
the President pro tempore has been chosen, the newly elected members 
are escorted to the desk in groups of four, and the oath is administered 
by the President of the Senate. Each house, when organized, notifies 
S:he other of the fact, and a joint committee of the Houses is appointed 
to wait upon the President and inform him that quorums are present 
and are ready to receive any communication he may desire to send. 

The House of Representatives occupies a large hall in the south wing 
of the Capitol. The desks of the members are arranged in a semicircle 
about that of the Speaker, with the Republicans on his left and the 
Democrats on his right. When a member gains the floor, he speaks 
from his own desk or from the space in front of the Speaker's desk. 
Unless the question is one of importance, but little attention is paid to 
the course of debate. Consequently a visitor can hear only with great 
effort because of the constant din produced by the shuffling of papers, 
clapping of hands for pages, etc. The real work of Congress, as we 
shall see, is done in committees. The Senate occupies a hall at the 
opposite end of the Capitol. It is, of course, much smaller than that 
occupied by the House, but is similarly arranged. In general, the pro- 
ceedings on the floor of the Senate are conducted in a much more orderly 
manner than is usual in the House. 



64 THE NATIONAL GOVERNMENT. 

SUPPLEMENTARY QUESTIONS AND REFERENCES. 

i. What is the number of the present Congress ? Give the dates for 
the beginning and end of each session. 

2. In the States which have woman suffrage, may women vote for 

representatives ? 

3. It is not required by law that a representative shall reside in the 

district that he represents, but it is an established custom. 
What are its advantages and disadvantages ? Compare with 
the English practice. Bryce, American Commonwealth, I, 
Chapter 19. 

4. Were the States mentioned on p. 54 justified in the enactment 

of their suffrage laws ? 

5. Ought Section 2, Amendment XIV, to be enforced? Rev. of R's, 

22:273-275,653,654; 24:649-651; Forum, 31:225-230; 32: 
460-465 ; N. Am. Rev., 168: 285-296 ; 170: 785-801 ; 175: 534- 
543 ; Outlook, 69:751. 

6. State the points of likeness and of difference between the House 

of Representatives and the House of Commons. N. Am. Rev., 
170: 78-86. 

7. Give the number of representatives to which your State is entitled. 

Was the number increased in the last apportionment ? How 
large is your Congressional district ? Population ? 

8. Compare the area of your district with that of other districts in 

your State ; also with the population of other districts. Com- 
pare the number of votes cast for Representative in your dis- 
trict with the number cast in districts of other States in different 
sections of the country. How do you account for the variation ? 
See New York World Almanac. 

9. Some interesting facts connected with the apportionment of igoi 

are given in the Forum, 30 : 568-577. 
10. For the Reapportionment Law of 1901, see Outlook, 67 : 136. 
n. For accounts of the methods by which a- census is taken, see 

American Census Methods, Forum, 30:109-119. Census of 

1900, N. Am. Rev., 170 : 650-652. 

12. Who are some cf the best-known representatives and senators? 

For what reasons are they noted? 

13. Who are the senators from your State ? When was each elected? 



ORGANIZATION OF LEGISLATIVE DEPARTMENT. 65 

14. Give the names of the Speaker and of the President pro 

tempore. 

15. Has the Senate degenerated ? Should senators be elected by 

popular vote? Outlook, 67: 559, 604, 774 a ; 73: 277-285, 386- 
392. For other references, see James and Sanford, Govern- 
ment in State and Nation, p. 157. 



CHAPTER VIII. 

POWERS AND DUTIES OF THE SEPARATE HOUSES. 

I. Impeachment. 

Article II, Section 4. The President, Vice-President and 
all civil officers of the United States, shall be removed from 
office 071 impeachment for, and conviction of, treason, bribery, 
or other high crimes and misdemeanors. 

Article I, Section 2, Clause 5. The House of Represen- 
tatives shall . . . have the sole power of impeachment. 

Section 3, Clause 6. The Senate shall have the sole 
power to try all impeachments. When sitting for that pur- 
pose, they shall be on oath or affirmation. When the Presi- 
dent of the United States is tried, the Chief Justice shall 
preside ; and no person shall be convicted without the con- 
currence of two-thirds of the members present. 

Section 3, Clause 7. Judgment in cases of impeachment 
shall not extend further than to removal from office and dis- 
qualification to hold and enjoy any office of honor, trust, or 
profit under the United States ; but the party convicted shall 
nevertheless be liable and subject to indictment, trial, judg- 
ment, and punishment according to law. 

There have been but seven impeachment trials in the 
history of our government. Section 4 of Article II declares 
who maybe impeached. The expression "civil officer" 

66 



POWERS AND DUTIES OF SEPARATE HOUSES. 67 

does not include military and naval officers. They are 
subject to trial by court-martial. Members of Congress 
may not be impeached, since the Constitution authorizes 
each house to bring to trial and punish its own members. 
Clause 5 of Section 2, and Clauses 6 and 7 of Section 3, 
Article I, give the method of procedure against an officer 
who may be charged with " treason, bribery, or other high 
crimes and misdemeanors." The articles of impeachment 
preferred by the House of Representatives correspond to 
the indictment in a criminal trial. The manner of con- 
ducting an impeachment trial, in the Senate, resembles 
also a trial by jury. 1 That the "Chief Justice shall pre- 
side" during the trial of the President of the United States 
is a wise provision, because it is easy to presume that a 
Vice-President might be personally interested in the con- 
viction of a President. 

II. The Quorum, Journal, and Freedom of Speech. 

Determination of Membership and Quorums. — Section 5, 
Clause 1. Each house shall be the judge of the elections, 
returns, and qualifications of its ozvn members, and a 
majot ity of each shall constitute a quorum to do business ; 
but a smaller number may adjourn from day to day, and 
may be authorized to compel the attendance of absent mem- 
bers, in such manner and imder such penalties as each house 
may provide. 

In the Senate the question raised in a contest usually 
applies to whether a senator has been duly elected. It 
has been held by the Senate that to deprive a member of 

1 See "Government in State and Nation," p. 159. 



68 THE NATIONAL GOVERNMENT. 

his seat for bribery or corruption in the course of his elec- 
tion, it must be shown that he was personally guilty of 
corrupt practices, that the corruption took place with his 
sanction, or that a number of votes sufficient to affect the 
result were corruptly changed. As an instance, Mr. 
Clark of Montana was refused a seat in the Senate during 
the first session of the 56th Congress, because it was 
proved that he had secured his election by bribing mem- 
bers of the State Legislature. 

In the House the name of the person possessing the 
certificate of election signed by the governor of his State 
is entered on the roll of the House, but the seat may still 
be contested. Many cases of contested elections are con- 
sidered by each new House. There were thirty -two seats 
contested in the 54th Congress. Such cases are referred 
to the Committee on Elections, which hears the testimony, 
and presents it to the House for final decision. Each of 
the cases when presented to the House consumes from 
two to five days which might otherwise be used for the 
purposes of legislation. The law provides that no more 
than $2,000 shall be paid either of the contestants for 
expenses, but even then, it is estimated, these contests cost 
the government, all told, $40,000 annually. When the 
decision is rendered by the House, the vote is, in most 
cases, strictly on party lines, regardless of the testimony. 
In view of these facts, it has been suggested that the 
Supreme Court decide all contested elections. 

How a Quorum is Secured. — If it appears, upon the 
count of the Speaker, or upon the roll-call of the House, 
that a majority is not present, business must be suspended 



POWERS AND DUTIES OF SEPARATE HOUSES. 69 

until a quorum is secured. Fifteen members, including 
the Speaker, may be authorized to compel the attendance 
of absent members. This is accomplished as follows : The 
doors of the House are closed, the roll is called, and 
absentees noted. The Sergeant-at-arms, when directed by 
the majority of those present, sends for, arrests, and brings 
into the House those members who have not sufficient 
excuse for absence. When a quorum is secured, business 
is resumed. 

Rules and Discipline. — Section 5, Clause 2. Each house 
may determine the rules of its proceedings, piinisJi its 
members for disorderly behavior, and, with the concurrence 
of two-thirds, expel a member. 

The Journal. Section 5, Clause 3. Each house shall 
keep a journal of its proceedings and from time to time 
publish the same, excepting such parts as may in their judg- 
ment require secrecy ; and the yeas and nays of the members 
of either house on any question shall, at the desire of one- 
fifth of those present, be entered on the journal. 

Our Knowledge of Congressional Proceedings. — As citi- 
zens in a republican government, it is our duty to keep in- 
formed on the problems which our representatives are 
called upon to solve. Means of gaining information are not 
wanting. The public galleries of both Houses are usually 
open to visitors. The official record of the proceedings of 
Congress is made known to the public through the Journal, 
which is read at the opening of each day's session. Reports 
of the debates do not appear in the Journal, but are pub- 
lished each day in the Congressional Record. 

Another means of keeping constituents informed on the 



70 THE NATIONAL GOVERNMENT. 

position of their representatives is through the recording 
in the Journal of the vote of each member when demanded 
by one-fifth of those present. In voting by the " yeas and 
nays," the clerk calls the roll of members and places after 
each name, "yea," "nay," "not voting," or "absent." 
The Senate rules specify this as the only method of voting. 
(Other methods of voting in the House are indicated on 
page 80.) 

Power to Adjourn. — Section 5, Clause 4. Neither house, 
during the session of Congress, shall, without the consent 
of the other, adjourn for more than three days, nor to any 
other place than that in which the two houses shall be 
sitting. 

If there is a disagreement between the two houses with 
respect to the time of adjournment, the President may 
adjourn them to such a time as he thinks proper. This 
right has never yet been exercised. 

Compensation and Freedom from Arrest. — Section 6, 
Clause 1. The senators and representatives shall receive 
a compensation for their services, to be ascertained by law, 
and paid out of the treasury of the United States. They 
shall in all cases, except treason, felony, and breach of the 
peace, be privileged from arrest during their attendance at 
the sessions of their respective houses, and going to and re- 
turning from the same; and for any speech or debate in 
either house, they shall not be questioned in any other place. 

Should the members of Congress be paid a salary, or 
should the office be regarded as exclusively one of honor ? 
These questions were discussed at length in the Constitu- 
tional Convention. Some of the delegates favored the 



POWERS AND DUTIES OF SEPARATE HOUSES. 71 

English custom, by which members of Parliament receive 
no salary. It was finally concluded to adopt the provi- 
sions as given, in order that men of ability, though poor, 
might become members of the National Legislature. 

By a law of 1789 the compensation of senators and representatives was 
fixed at six dollars per day and thirty cents for every mile traveled, by 
the most direct route, in going to and returning from the seat of govern- 
ment. Prior to 1873, this amount was changed several times by act of 
Congress. The compensation then agreed upon and still paid is $5000 
per year, with mileage of twenty cents, and $125 per annum for stationery. 
The Speaker receives $8000 a year and mileage. The President pro 
tempore receives the same amount while acting as President of the 
Senate. 

To many people $5000 seems a large salary, but the great expense of 
living in Washington, especially if a Congressman and his family take 
part in the social life of the capital, renders the salary quite inadequate. 
Members have been known to pay more than their salaries for house- 
rent alone. Many members make a financial sacrifice in accepting a 
seat in Congress. 

To hold Other Offices. Disqualification. — Section 6, 
Clause 2. No senator or representative shall, during the 
time for which he is elected, be appointed to any civil office 
tinder the authority of the United States which shall have 
been created, or the emoluments tvhereof shall have been in- 
creased, during such time ; and no person holding any 
office under the United States shall be a member of either 
house during his continuance in office. 

The purpose of this provision seems to have been to 
remove the temptation on the part of Congressmen to 
create offices, or to increase the emoluments of those 
already existing, in order to profit by such legislation. The 
exclusion of United States officials from seats in Congress 
was due to the desire of appeasing State jealousy, which 



72 THE NATIONAL GOVERNMENT. 

asserted that the National government would in this way 
secure an undue influence over the State governments. 
It is advocated, with good reason, that members of the 
Cabinet should be privileged to take part in the discussion 
of measures in Congress which pertain to their own depart- 
ments. Alexander Hamilton asked for this privilege. It 
was refused because of the belief that he would exert too 
great influence over the members. The precedent thus 
established has always been retained. 

But since executive officers are often invited to present 
their views before committees of Congress, they may, in 
this way, exert great influence upon legislation. 



CHAPTER IX. 
HOW LAWS ARE MADE BY CONGRESS. 

Methods of Procedure developed by Custom. — Very little 
can be learned directly from the Constitution concerning 
the actual methods employed in the enactment of laws by 
Congress. In both houses, procedure in the conduct 
of their business has been developed by custom ; it has 
changed from time to time as determined by circumstances, 
and it has taken on forms that were entirely unanticipated 
by the founders of our government. The principal reason 
why new methods of Congressional procedure have be- 
come necessary may be found in the growth of the amount 
of business presented to Congress for consideration ; this, 
in turn, has been caused by the growth of population and 
wealth, and by the expansion of business relations through- 
out this country and with other nations. 

Several features of Congressional organization may be 
mentioned as very important in determining the course of 
legislation. These are : — 

I. The Committee System. 
II. The House Committee on Rules. 

III. The Speaker of the House. 

IV. The Influence of Party Caucuses. 

I. The Committee System. — Two facts made this system 
necessary in the houses of Congress, (r) The number of 

73 



74 THE NATIONAL GOVERNMENT. 

members, especially in the House of Representatives, is so 
large that business cannot be transacted with dispatch by 
the entire body. (2) The number of bills introduced is so 
very great that it is impossible for either house to consider 
all of them ; hence it is necessary that committees shall 
examine the bills and decide which are worthy of consider- 
ation. 

In the long session of the 57th Congress, more than 15,000 
bills were introduced into the House. The number of committees in 
the House was 58, the membership varying from 5 to 18. The most 
important House committees are those on Ways and Means (which has 
charge of all bills for raising revenue), Appropriations, Banking and 
Currency, Foreign Affairs, and Military Affairs. In the Senate of the 
57th Congress there were 55 standing committees. The number of 
members on a committee was in most cases 9 or 11. A few of the 
Senate committees are those on Finance (corresponding to the commit- 
tee on Ways and Means in the House), Agriculture, Commerce, and 
Foreign Relations. 

Both in the House and in the Senate, every member is on some com- 
mittee, and some members have places on several committees. In the 
House of Representatives the Speaker appoints the committees, and he 
selects the chairman and a majority of the members of each committee 
from the members of his own party ; that is, from the party that has a 
majority in the House. The Senate committees are constituted in ac- 
cordance with the same rule ; but in the Senate the committees are 
elected, rather than appointed. 

Steps in the Progress of a Bill. — The importance of the 
committee system in Congress is found in the power of 
committees to determine the destiny of bills that are com- 
mitted to their charge. The introduction of a bill by a 
member of either house is merely a formal step ; the bill is 
immediately referred to a committee. When the committee 
reports the bill back, the house will in a great majority of 
cases pass or reject it according to the committee's recom- 



HOW LAWS ARE MADE BY CONGRESS. 75 

mendation. Few bills are debated in either house, and in 
the most of these cases the discussion has no influence 
upon the fate of the bill — it is meant merely to be heard 
or to be printed. Hence, it is in that intermediate stage 
between the reference of the bill to a committee and the 
report on it that the real work of legislation is accomplished. 

The Power of Committees over Bills. — In the course of 
its deliberations a committee may exercise the utmost free- 
dom with respect to the bills referred to it. The greater 
number of bills receive no consideration whatever from the 
committees ; these may never be reported if the committees 
see fit to ignore them. Other bills are amended by the 
committees, or new bills are substituted for them. Such is 
the power intrusted to Congressional committees. How- 
ever undesirable in some respects this method of legisla- 
tion may seem, its necessity has fixed it as a permanent 
feature of Congressional procedure. 

Many of the important committees have separate rooms where their 
meetings are held. Here the members may confer in secret, or they 
may allow or invite the hearing of testimony and arguments upon the 
subjects of bills. Frequently the majority members of a committee 
hold separate meetings, determine their policy, and then adhere to it 
regardless of the wishes of the minority members. The latter may pre- 
sent a separate report called the minority report of the committee. 

II. The Committee on Rules. — Since only a small pro- 
portion of the bills that are reported favorably can receive 
consideration and come to a vote, the question now arises, 
How is it determined which bills shall be thus favored ? 
In some measure this depends upon the importance and 
the merits of the bill ; but it depends more upon the skill 
and influence of the member (generally the chairman of 



76 THE NATIONAL GOVERNMENT. 

the committee reporting the bill) who is particularly in- 
terested in seeing it enacted into law. In the House of 
Representatives this important matter is decided by the 
Committee on Rules, which is composed of five members, 
three being of the party that has a majority in the House. 
This committee decides which bills shall be considered, and 
how much time shall be given to the discussion of each 
one. Thus it practically dictates the course of legislation 
in the House. Sometimes the committee is overruled by 
an opposition composed of the minority members of the 
House together with a few rebellious members of the 
majority party ; but such a revolt is exceptional, and 
usually the Committee on Rules has its way. Some cen- 
tral authority like this, with dictatorial power, seems 
necessary in order to settle the disputes and rivalries 
arising among influential members and important commit- 
tees ; these would block each other's progress, and no 
legislation whatever would be accomplished, were there 
not some power to decide which, in each case, shall have 
the right of way. 

III. The Power of the Speaker. — As the Committee on 
Rules decides the programme to be followed in each day's 
proceedings in the House, the Speaker is the executive 
officer who sees that the programme is adhered to. Indeed, 
the Speaker is chairman of the Committee on Rules and 
is its most influential member. No bill can come before 
the House, and no member can address the House, without 
the Speaker's consent. In all important matters, it is 
necessary for a member to make an arrangement with the 
Speaker in order to secure recognition when he wishes to 
address the House. 



HOW LAWS ARE MADE BY CONGRESS. JJ 

In exercising the power of recognition, the Speaker will, 
of course, give both the sides a fair opportunity to debate 
upon important measures. He will not permit members to 
make motions, or to protract debate, merely for the sake of 
delaying some action to which they are opposed. Within 
recent years, obstructive tactics, popularly known as fili- 
bustering, are of rare occurrence in the House. Be- 
fore these extensive and arbitrary powers were intrusted 
to the Speaker, the minority members more frequently 
obstructed the work of the House and prevented all legis- 
lation because of their opposition to a particular bill. 

Two powers of the Speaker remain to be mentioned 
which are no less important in their influence on legislation 
than those already considered. He appoints all commit- 
tees of the House, and in this way marks out in some im- 
portant matters the policy that will be pursued in legisla- 
tion. Again, the Speaker refers all bills introduced into 
the House to their appropriate committees. Sometimes the 
Speaker may exercise his discretion with regard to the 
committee to which he refers a certain bill, and in such, 
cases his influence upon the fate of the bill is important. 

We are endeavoring to analyze the complicated action 
of the forces that determine which bills shall, and which 
shall not, be enacted by Congress. So far, we discover 
that great authority is intrusted to small groups of mem- 
bers — the committees. These practically determine the 
contents of all bills. We find in the House a central 
directive committee ( that on Rules ) deciding which bills 
shall be dropped and which may be considered. Finally, 
we find that the Speaker is the most influential member of 
Congress, executing the decisions of the Committee on 



7 8 THE NATIONAL GOVERNMENT. 

Rules ( that is, chiefly his own will ) and deciding impor- 
tant questions at critical moments in the course of the 
daily business of the House. 

The Lobby, Log-rolling, and Patronage. — Not all the bills that 
come before Congress are passed or rejected on their merits. The 
influences that determine the course of legislation at Washington are 
very numerous and complicated. Some of these influences are to a 
Greater or less extent legitimate, and others are totally bad. The 
lobby, in its broadest sense, is composed of all those persons who go to 
Washington in order to exert pressure upon Congressmen in favor of or 
against certain measures. Some of the best laws and some of the 
worst are enacted through the influence of the lobbyist. Log-rolling 
is an important influence in determining legislation ; a member votes 
for the pet measure of his fellow-congressman on condition that the 
latter will vote for the bill in which he is particularly interested. Political 
patronage is a great factor in determining votes in Congress ; the power 
of members to recommend appointments, 1 and the influences exerted 
in their favor by the appointees, often determine the question of their 
continuance in office. Consequently, there is a great temptation to use 
patronage in exchange for votes. The use of money directly in bribery 
is difficult of detection, but other favors and privileges of pecuniary 
value are no less effective in the purchase of the votes of those members 
who are so unscrupulous as to be open to such influences. 

Debate in the House. — The fate of nearly all bills that 
are introduced into Congress is determined by the inter- 
action of the various influences that have received attention 
so far in this chapter. Argument in debate is a small 
factor in arousing favorable influence or in changing votes. 
In the House, the Committee on Rules limits strictly the 
time given to debate. The chairman of the committee 
reporting a bill generally has one hour in which to urge 
the passage of his measure ; for a portion of the time he 
may yield the floor to other members, both friends and 
opponents of the bill. Of course, much more than one 

JSeep, 134. 



HOW LAWS ARE MADE BY CONGRESS. 79 

hour is given to debate on important bills. Many of the 
speeches which are printed in the Congressional Record 
have not been delivered ; but they are intended for circula- 
tion among the constituents of Representatives, and for use 
as campaign documents. Many of the speeches that are 
actually delivered receive scant attention ; the lack of 
interest in them is made evident by the noise and con- 
fusion that very often prevail during sessions of the House. 

Senate Procedure. — In the Senate, debate is not limited. 
Senators are expected to regard each other's rights with 
respect to the amount of time and attention they may 
demand ; yet a bill may be " talked to death " in the 
Senate. As a result, the Senate is less businesslike in its 
procedure than the House, and some means of checking 
unlimited discussion 1 have often been proposed for it. 

Conference Committees. — If one house amends a bill 
which has already passed the other, it must be returned 
;or re-passage to the house where it originated. This is 
a Lequent cause of conflict between the two houses, and 
each tries to insist on its rights. 2 

When such a dispute cannot be easily adjusted, a con- 
ference committee must be appointed. This is composed 
of members from each house, and they endeavor to arrange 
a compromise which will be acceptable to both houses. 
Generally their decision is ratified without question, but 
sometimes even this method of settlement fails. 

1 This is called, technically, a rule for " closure." 

2 Within very recent years the Senate has shown itself to be the stronger 
body. This is partly because its members have longer terms, and so become 
more skillful in exerting their influence and adhering to their demands. 



80 THE NATIONAL GOVERNMENT. 

Methods of Voting. — There are three methods of voting 
in Congress, (i) Members respond "aye" or "no" by- 
acclamation. (2) If a division is called for, a rising vote 
is taken and the members are counted. In the House, the 
counting is done by two tellers, who stand near the 
Speaker's desk, while the members pass between them in 
single file, first those voting in the affirmative, and after- 
ward those opposing the motion. When the "yeas and 
nays " are called for, or whenever the rules of either house 
require them, the roll is called and each member votes as 
he responds to his name. This vote is entered on the 
journal. 1 

After the roll-call is completed, the presiding officer announces the 
pairs. Members who belong to different political parties may agree 
that they shall be recorded on opposite sides of party questions, 
whether they are present or not. Or pairs may be arranged for partial 
iar votes only. This device enables a member to be absent from his 
seat without feeling that his vote is needed. 

The President's Power in Lawmaking. — A bill which 
has received a majority vote in both houses is next sent to 
the President. 

Article 1, Section 7, Clause 2. Every bill which shall 
have passed the House of Representatives and the Senate 
shall, before it become a law, be presented to the President 
of the United States ; if he approve he shall sign it, biit if 
not he shall return it, with his objections, to that house in 
which it shall have originated, who shall enter the objec- 
tions at large on their journal and proceed to reconsider it. 
If after such reconsideration two-thirds of that house shall 
agree to pass the bill, it shall be sent, together with the 

1 See pp. 69-70. 



HOW LAWS ARE MADE BY CONGRESS. 8 1 

objections, to the other house, by which it shall likewise be 
reconsidered, and if approved by two-thirds of that liouse it 
shall become a law. But in all such cases the votes of both 
houses shall be determined by yeas and nays, and the names 
of the persons voting for and against the bill shall be entered 
on the journal of each house respectively. If any bill shall 
not be returned by the President within ten days (Sundays 
excepted) afterit shall have been presented to him, the same 
shall be a law, in like manner as if lie had signed it, unless 
the Congress by tlieir adjournment prevent its return, in 
which case it shall not be a law. 

The framers of the Constitution intended that the veto 
power should be a check, though not an absolute one, upon 
hasty or unwise legislation. The President may cause a 
bill to fail by neither signing nor vetoing it during the last 
ten days of a session. The term pocket veto has been 
applied to this method of defeating bills. 

SUPPLEMENTARY QUESTIONS AND REFERENCES. 

i. Copies of the Congressional Record and the Congressional Direc- 
tory furnish interesting illustrations of the topics treated in this 
chapter. 

2. Procedure in the Senate, Ashley, The American Federal State, 

228-231. In the House, ibid., 250-258, 263-264. 

3. What difference is there in the granting of recognition in the 

Senate and House ? Harrison, This Country of Ours, 45-48. 

4. An interesting account of the appearance and character of the 

Senate, Bryce, I, 114-120 (117-123). 

5. The character of Representatives — procedure in the House — the 

number of bills introduced, Bryce, I, 124-134 (128-138). 

6. What appearance does the House make when at work ? Bryce, I, 

138-144 (142-148). 

7. An Englishman's criticisms on our committee system, Bryce, I, 

153-160 (157-164). 
G 



82 THE NATIONAL GOVERNMENT. 

8. General observations on Congress, Bryce, I, Chapter ig. 
g. How are obstructive tactics carried on ? Alton, Among the Law- 
makers, Chapter 20. 

10. Why is there little debate in the House of Representatives ? Wil- 

son, Congressional Government, 72-73, 86-102. 

11. The Senate, Forum, 31:423-431; N. Am. Rev., 174:230-244; 

Century Mag., 65 : 4gg~5i5. 

12. Our Process of Lawmaking, Arena, 23 : 480-484 ; Century Mag., 

64: 170-187. 

13. The Speaker's Influence, Rev. of R's, 21:85-86; Arena, 21: 

653-666. 

14. Comparisons of Congress with Parliament, N. Am. Rev., 170 : 78- 

86 ; Arena, 23 : 5g3-6o5. 



CHAPTER X. 
SOME IMPORTANT POWERS OF CONGRESS. 

I. National Finances. 

The Power of Taxation. — When we speak of the 
finances of a country, we mean its revenues and expendi- 
tures. Revenues have their origin chiefly 1 in taxation, 
and the power vested in Congress by virtue of which taxes 
are imposed and collected is found in the following clause : 

Article I, Section 8, Clause I. The Congress shall have 
power to lay and collect taxes, duties, imposts and excises, 
to pay the debts and provide for the common defense and 
general welfare of the United States ; but all ditties, imposts 
and excises shall be uniform throughout the United States. 

Duties on Imports. — The two forms of taxes relied upon 
by the United States for its revenues are (i) duties and 
(2) excises. 2 A duty is a tax levied upon goods that are 
imported into the United States. 3 The merchant doing 
business in New York, for example, cannot obtain posses- 
sion of the goods he has imported until the officers of the 
custom-house at that port have examined the invoice, or 
the list of articles in each package, with their prices ; and 

1 Considerable sums are derived by our National government from the sale 
of public lands. See Chapter on Territories and Public Lands. 

2 The terms duties and imposts are nearly synonymous. 

3 Duties on exports are prohibited in Section 9, Clause 5, of Article I : 
No tax or duty shall be laid on articles exported from any State. 

S3 



84 THE NATIONAL GOVERNMENT. 

the officers may examine the goods, also, to see if they 
correspond in amount and quality to the statements of the 
invoice. The importer then pays to the collector of the 
port of New York the amount of the duty levied on his 
importation. 

Kinds of Duties. — These are of two kinds, (i) Specific duties are 
fixed amounts levied on certain units of measurement of commodities, 
as the pound, yard, or gallon. (2) Ad valorem duties are levied at a 
certain rate per cent on the value of the articles taxed. Below are given 
several examples of duties imposed by the tariff law of 1897 (the Ding- 
ley law) . 

Watches, 40 per cent ad val. 

Umbrellas, 50 per cent ad val. 

Leather manufactures, 35 per cent ad val. 

Glassware, 60 per cent ad val. 

Apples, 25 ^ per bushel. 

Honey, 20^ per gallon. 

Cheese, £>f per pound. 

Table knives, 16/' each and 15 per cent ad val. 

Blankets, 22^ per pound and 30 per cent ad val. 

It is apparent that on some articles both kinds of duties are levied. 

In the fiscal year ending June 30, 1902, the total amount of duties 
collected was $254,500,000. New York is by far the most important 
port of entry. 

Passengers on steamships coming from foreign countries are required 
to declare what dutiable goods they have among their baggage, each 
person being allowed to enter $100 worth of goods free of duty. Upon 
landing, their baggage is examined ; trunks and valises are opened, and 
in suspected cases the persons of travelers are searched for concealed 
dutiable goods. The temptation to undervaluation and to smuggling, 
in order to escape this form of taxation, is so great that constant vigi- 
lance is necessary at custom-houses and along the borders of the United 
States to prevent these frauds. Special agents and revenue cutters are 
employed to detect violations of the law. 

Tariff Laws. — A tariff is the list of the rates of duties 
fixed by law. An importer of foreign goods must consider 



SOME IMPORTANT POWERS OF CONGRESS. 85 

the amount of the duties he has paid as part of the cost of 
the goods when he sells them. If a higher price is caused 
in this way, this may deter importation and encourage the 
production of such articles in this country. Consequently, 
high rates of duties may have a decided influence upon the 
industries of a country. When the rates of duties are so 
adjusted as to bring about this result, we have a protective 
tariff ; i.e. one under which persons can produce in this 
country certain articles which otherwise they could not 
produce, because of their cheapness when imported from 
a foreign country. The duties are made so high that it is 
not profitable to import the articles. When rates of duties 
are fixed primarily with the object of raising revenue, and 
without regard to their effect upon the industries of the 
country, we have a tariff for revenue. This kind of tarifl 
is generally meant when the term free trade is used. 
Articles on which no duties are imposed are said to be 
on the free list. There is no country which fails to collect 
duties on some of its importations. 

Reciprocity Agreements. — The United States has entered into 
reciprocity treaties with various countries for securing the reduction of 
lariff rates. Each country agrees to admit certain products of the 
other country at reduced rates, or free of duty. These are generally 
commodities in the production of which there is little or no competi- 
tion between the parties to the treaty. 

Internal Revenue Taxes. — Excises are taxes laid upon 
the manufacture and sale of certain products within the 
country. At the present time these internal revenue taxes 
are levied by the National government upon liquors, 1 to- 

1 Taxes are levied, not only upon the liquors themselves, but upon the 
business of brewing and rectifying ; of selling by wholesale and by retail ; of 



86 THE NATIONAL GOVERNMENT. 

bacco, snuff, opium, oleomargarine, filled cheese, mixed 
flour, and playing cards. The greater number of these 
taxes are paid by the purchase of stamps, which must be 
affixed, in the proper denominations, to the articles taxed. 
When the packages are broken, the stamps must be de- 
stroyed so that they cannot be used again. 

War Taxes. — Because taxes of this kind are so easily collected, the 
government has extended them to a great number of articles when it 
suddenly needed a large revenue, as in the War of 1812, the Civil War, 
and the Spanish War of 1898. The law of 1898 increased the taxes on 
liquors and tobacco, and imposed new taxes on (1) proprietary articles, 
and (2) documents. Under the first heading fall patent medicines and 
compounds of various kinds. Documentary taxes x were imposed upon 
legal papers, such as deeds, mortgages, etc., and also upon bank checks 
and drafts, telegraph and telephone messages, and express receipts. 
Under this law the internal revenue receipts rose from $170,000,000 in 
1898, to $273,000,000 in 1899. Congress has repealed these special 
war taxes. 

The law of 1898 also levied taxes on bankers and brokers; and it 
included a legacy tax, which is still in force. Inheritances above 
$10,000 are taxed at various rates, which differ with the degrees of re- 
lationship that may exist between the one who bequeaths the property 
and the persons inheriting it. 

Rules for Levying Taxes. — The Constitution contains 
two rules by which Congress must be guided in the levy- 
ing of taxes. We have seen, Article I, Section 8, Clause 1, 
that duties, imposts, and excises, must be uniform through- 
out the United States ; that is, the same rates must pre- 
vail everywhere. Another provision, Article I, Section 2, 
Clause 3, is that representatives and direct taxes shall be 

manufacturing stills ; and upon the stills themselves. A list of these taxes 
may be obtained from the collector of any internal revenue district. 

1 These were exactly like those imposed by Parliament in the Stamp Act 
of 1765. 



SOME IMPORTANT POWERS OF CONGRESS. 8? 

apportioned among the several States . . . according to 
their respective numbers} 

We have, therefore, the following classification : — 

Must be apportioned among 
the States according to popu- 
lation. 



Must be uniform throughout 



I. 


Direct 


persons,' 




taxes, 


lands, 




levied on 


incomes. 


II 


Indirect 


duties, 




taxes 


imposts, 
excises. 



the United States. 



So far, we have discussed the indirect taxes only, for at 
present the United States levies no direct taxes. In our 
previous history, however, the government has imposed 
all the kinds of taxes mentioned in the outline above. In 
levying a direct tax, Congress must determine the total 
amount to be raised (as $2,000,000 in 1798, and $20,000,000 
in 1 861), and then apportion this amount among the 
States, according to their population. It is evident that, 
if this kind of tax is imposed upon property or incomes, 
the rate will not be uniform throughout the United States. 

The bills introduced into Congress which provide for 
taxation are called "bills for raising revenue." They 
must originate in the House of Representatives (Article I, 
Section 7, Clause 1). The Committee on Ways and Means 
frames these bills. In the Senate, such bills are referred 
to the Committee on Finance, and here the bills may be 
amended. 

1 See also Article T, Section 9, Clause 4 : A T o capitation, or other direct, tax 
shall be laid unless in proportion to the census or enumeration hereinbefore 
directed to be taken. 

2 These are poll taxes. Such a tax was levied on slaves in 1798 and 1813. 



88 THE NATIONAL GOVERNMENT. 

The Appropriation of Money. — Appropriation bills are 
those which provide for the expenditure of the govern- 
ment's funds, and these bills are in charge of the com- 
mittee on appropriations in each house. 

Below is a list of the principal items in the revenues and 
appropriations for the year ending June 30, 1902. 

Revenues. 

Duties ........ $254,500,000 

Internal revenue . . . . . . 272,500,000 

Miscellaneous 36,000,000 

Total' ....... $563,000,000 

Expenditures. 

War Department ...... $111,500,000 

Navy Department 68,500,000 

Indian Bureau ...... 10,000,000 

Pensions 138,500,000 

Interest on public debt ..... 29,000,000 

Civil list and miscellaneous .... 113,500,000 

Total $471,000,000 

The Power to borrow Money. — We have now seen how 
money is provided for the government under ordinary cir- 
cumstances. In extraordinary cases this revenue is not 
sufficient ; accordingly, Congress has been given power by 
Article I, Section 8, Clause 2, To borrow money on tlie credit 
of the United States. 

Money is borrowed in most cases by the sale of bonds. 
These are of the same nature as the promissory notes by 
which individuals obtain loans. National bonds state the 
promise of the United States to pay a certain amount, at a 
stated time, with interest. A "registered" bond contains 
the name of the owner, and this is a matter of record at the 



SOME IMPORTANT POWERS OF CONGRESS. 89 

treasury department. When this bond is transferred, 
the record must be changed. " Coupon " bonds are usually 
payable to bearer ; they have attached to them a number of 
coupons equal to the number of interest payments due 
during the term of the bond. 

Bonds are bought and sold on the market, and their prices are quoted 
in the daily papers. When the bonds fall due, they are redeemed by 
the government at their face value, or " at par." On the market all 
United States bonds are now selling "at a premium." Issues of bonds 
were made in 1898, the rate of interest being 3 per cent, and in 1900, 
the rate being 2 per cent. The Public Debt Statement issued monthly 
by the treasury department gives the divisions of the bonded debt 
and the amount outstanding. On February 1, 1903, this amount was 
$9 I 4,54i > 33°- 

II. The Power of Congress over Commerce. 

The Control of Commerce. — The power over commerce, 
which we are next to discuss, was given to Congress be- 
cause the history of the country under the Articles of Con- 
federation demonstrated conclusively the fact that State 
control of commerce was entirely inadequate. Through 
Congressional control we secure that uniformity which is 
essential to security and prosperity in commercial matters. 
Not all commerce that is carried on by the citizens of this 
country is subject to control by Congress. The Constitu- 
tion gives it the power, in Article I, Section 8, Clause 3, 
To regulate commerce ivith foreign nations, and among the 
several States, and with the Indian tribes. 

There is a vast amount of commerce that is carried on 
entirely within the limits of the different States. Over this 
commerce Congress has no power ; it is regulated by State 
laws relating to trade and transportation. 



90 THE NATIONAL GOVERNMENT. 

Interstate Commerce. — The distinction between State 
and interstate commerce is not readily seen in many cases ; 
but in general it may be said that if a commodity starts in 
one State destined for another, its control throughout its 
course lies within the power of Congress. This principle 
applies to both land and water transportation. So the 
coast trade among the States lies within the jurisdiction of 
Congress ; also, commerce upon those rivers that form 
highways between different States. The harbors and 
waterways of the United States have been improved by 
the expenditure of many millions of dollars. This money 
has been appropriated in the " River and Harbor Bills " 
that are passed by almost every Congress. 

The Interstate Commerce Law. — The importance of rail- 
road transportation led to the enactment, in 1887, of the 
" Interstate Commerce Law," controlling this form of com- 
merce. The law became necessary because of certain 
abuses which had arisen. In many instances, the rail- 
roads gave lower freight rates to certain persons than to 
others doing the same kind of business ; again, the mer- 
chants or manufacturers of certain cities were favored by 
more liberal rates than could be obtained by those who 
were engaged in the same industries in other cities. As a 
result, the business of many persons and places suffered 
injury, while the business of their rivals prospered through 
the advantages given to them by the railroads. In conse- 
quence, the Interstate Commerce Law provided that all 
rates should be "just and reasonable." It was made un- 
lawful to discriminate by giving to any particular person, 
corporation, or locality an unreasonable advantage over 



SOME IMPORTANT POWERS OF CONGRESS. 91 

others. 1 All rates for interstate commerce must be made 
public under this law. Finally, the Interstate Commerce 
Commission was created to supervise the administration of 
the law. 

The Interstate Commerce Commission. — Complaints con- 
cerning the violation of the Interstate Commerce Law are 
made to this Commission, which consists of five members 
appointed by the President and confirmed by the Senate. 
The Commission cannot inflict penalties upon persons who 
are found by their investigations to have violated the law ; 
this can be done only after the offender has been tried and 
found guilty in a court. Consequently, although some 
abuses have been corrected, the railroads still engage in 
other practices that are prohibited, and additional power 
must be given to the Interstate Commerce Commission 
before it can prevent the violation of the law. 

The Control of Trusts. — Among the abuses arising in 
connection with interstate commerce are those which re- 
sult when persons enter into agreements or combinations to 
prevent free competition ; for under these circumstances 
prices are raised, or certain persons are favored in trade. 
In 1890, Congress passed a law prohibiting such combina- 
tions " in restraint of trade or commerce among the several 
States or with foreign nations." This is known as the 
Sherman Anti-trust Law. Now, a trust is simply a large 
corporation which has absorbed or killed off, more or less 
completely, other establishments engaged in the same in- 
dustry. The trust may or may not have a monopoly, that 

1 The 57th Congress passed in 1903 a law providing penalties for the grant- 
ing and the acceptance of "rebates." 



92 THE NATIONAL GOVERNMENT. 

is, complete control in that line of business ; and it may or 
may not be engaged in interstate commerce. An agree- 
ment among certain railroad companies to establish and 
maintain freight rates was declared to be in violation of the 
law of 1890. Also, a combination, or " conspiracy," among 
railroad employees to stop the running of trains was de- 
clared illegal. 1 

The " trust problem," which is so prominent in current political dis- 
cussion, is the question of preventing the evils of combination in 
industry. These evils become evident when excessive prices are 
charged by persons who control certain lines of business ; that is, when 
free competition is prevented in the production, transportation, or sale 
of commodities. If the business conducted by a trust lies entirely 
within the limits of a single State's boundaries, then it must be regu- 
lated by State law. How far Congress may go in its regulation of 
trusts under the interstate commerce clause of the Constitution, quoted 
above, is an unsettled problem. Some authorities hold that the power 
of Congress is sufficient to meet all cases ; while others believe that the 
Constitution must be amended before Congress can pass laws which will 
prevent the evils of combination in industry. 2 

III. The Money of the United States. 

Our National Currency. — Another of the most important 
powers of Congress is that granted in the following 
clause : — 

Article I, Section 8, Clause 5. To coin money, regulate 
the value thereof, and of foreign coin, and fix the standard 
of weights and measures. 

In civilized countries it is the practice of the govern- 
ment to furnish to the people a " circulating medium " for 

1 Other cases are cited in " Government in State and Nation," p. 203. 

2 The Commissioner of Corporations in the Department of Commerce and 
Labor, which was created in 1903, has authority to investigate the manner 
in which corporations conduct their interstate business. 



SOME IMPORTANT POWERS OF CONGRESS. 93 

use in trade and commerce. Two kinds of money are in 
use in the United States : (1) coin, or specie ; and (2) paper 
money. The total amount of money in circulation in the 
United States on June 30, 1901, was $2,249,000,000, or 
about $28.43 P er capita for the whole population. Of this 
amount, two-thirds, roughly speaking, was paper money of 
the various kinds, and one-third was metal money. 1 We 
shall first consider the coins of the nation. 

How Coins are Made. — The coinage of . money takes 
place at the mints, which are located at Philadelphia, 
Denver, New Orleans, and San Francisco. Gold and 
silver come to the mints in the form of bricks, or rough 
bars, to which the term bullion is applied. Alloy must be 
added to the pure metal for the purpose of rendering it of 
sufficient hardness to withstand wear. In our gold and 
silver coins one-tenth of the weight is an alloy composed 
of copper and nickel. A quantity of the bullion of the 
required purity is first melted and then cast into ingots, 
or long bars. Each bar is next run between heavy rollers 
until it takes the form of a thin strip. From the strip are 
punched round pieces, called "blanks," of the size and 
thickness of the coin that is being made. In the next 
process the blank is weighed on a delicate balance ; when 
found to be of the correct weight, the coin is placed in a 
powerful press, and from this it comes with its edge raised 
above the face and its edge milled. In a similar press the 
designs are stamped upon the faces of the coin. 

1 "Statistical Abstract," 1902, pp. 57—59. In addition to this amount in 
circulation the United States Treasury contained $313,000,000, of which 
$253,000,000 was gold. 



94 THE NATIONAL GOVERNMENT. 

Below is a list of the coins now being minted. 

Gold Coins. 1 
Double eagle Half-eagle 

Eagle Quarter- eagle 

Silver Coins. 
Standard dollar Quarter dollar 

Half dollar Dime 

Minor Coins. 
Five-cent (nickel) One cent (bronze) 

The silver coins less in value than one dollar are called subsidiary 
coins. 

The Ratio of Gold and Silver Coins.— The law fixes the weight of 
pure metal in a silver dollar at 371.25 grains, troy weight, and that of 
the pure metal in a gold dollar at 23.22 grains. The ratio of these 
weights is 15.988+ : 1, or nearly 16: 1. This indicates the origin of 
the famous expression, " sixteen to one." 

Free Coinage. — By free coinage is meant a policy established by law, 
under which any person may bring bullion to the mint in any amount 
and have it coined ; that is, the amount which the government will coin 
is unlimited by law. Our country has always had the policy of free 
coinage with respect to gold. This was also the policy in the coinage 
of our silver dollars until 1873. At that time the coinage of the silver 
dollar was discontinued until a law was passed in 1878 (the Bland Act) 
renewing its coinage, but in limited quantities. The government 
purchased silver bullion under this law, and under the Sherman Act 
(1890), but since 1893 no silver bullion has been purchased for the 
coinage of silver dollars, but the bullion already on hand has been 
used for this purpose. 

Paper Money. — We have in the United States five 
kinds of paper money in general circulation : — 

Kinds. Amounts outstanding Dec. 31, 1902. 

1. United States notes . 

2. Gold certificates 

3. Silver certificates 

4. National bank notes . 

5. Treasury notes of 1890 



',000,000 

383,000,000 

469,000,000 

384,000,000 

24,000,000 



1 No gold one-dollar pieces have been coined since ii 



SOME IMPORTANT POWERS OF CONGRESS. 95 

The History of United States Notes. — United States 
notes, or " greenbacks," as they are commonly called, 
originated during the Civil War. When the government 
was without specie with which to purchase supplies for 
the army and pay other expenses, it issued these notes. 
Each note says on its face, " The United States will pay 

to bearer $ " Since no time was set for the fulfillment 

of this promise, and since there was neither gold nor 
silver in the treasury with which to redeem the notes, 
people would naturally hesitate to accept them in payment 
for goods or salaries. Consequently, Congress made the 
notes " legal tender " ; 1 that is, the law compelled cred- 
itors to receive this kind of money in payment for debts. 
The notes passed into circulation, therefore, because 
people were forced to take them ; but their value de- 
preciated greatly during the war. In 1879 the govern- 
ment began the redemption of the notes in specie, and 
since that time they have been worth their face value. 

Gold and Silver Certificates. — It is much more con- 
venient to handle paper money than coins. Consequently, 
provision is made for the gold certificates and silver cer- 
tificates which represent, respectively, gold coins and silver 
dollars stored in the United States treasury and ready for 
exchange for the certificates at any time. 

National Bank Notes. — The fourth kind of paper money 
is issued by national banks. These are organized under 
United States law and subject to control by an officer of 

1 Our full legal tender coins at present are the gold coins, silver dollars, 
United States notes and treasury notes of 1890. Subsidiary silver coins are 
legal tender in amounts not greater than $10.00, and the minor coins are legal 
tender to the amount of twenty-five cents. 



96 THE NATIONAL GOVERNMENT. 

the Treasury Department. Like banks that are organized 
under State law, national banks conduct the ordinary 
banking operations. This part of their business is subject 
to failure, and the depositors are liable to loss, as in the 
case of other banks. But the holder of a National bank 
note may always be sure of the fulfillment of the promise 

printed on its face, that "The National Bank of 

will pay the bearer $ , on demand." This is because 

the security for these notes consists of United States bonds. 
Every National bank owns an amount of these bonds equal 
to the amount of its notes in circulation ; the bonds are 
deposited with the government at Washington, and if the 
bank should fail, the bonds may be sold by the government 
and thus specie will be secured with which to redeem the 
notes. 

The amount of treasury notes of 1890 is comparatively 
small, and this kind of money is destined to disappear 
within a few years. 

SUPPLEMENTARY QUESTIONS AND REFERENCES. 

1. The tariff schedule in force at the present time may be found in 

newspaper almanacs. Is this tariff high, low, or moderate in 
its rates ? 

2. The Statistical Abstract, published by the Bureau of Statistics of 

the Treasury Department, gives the list of items upon which 
duties and internal revenue taxes are collected, and the amounts 
yielded by each for a series of years ; the expenditures of the 
government, with the chief items; a statement of the National 
debt ; and statistics concerning the money of the United States. 

3. Why do liquors and tobaccos bear the heaviest excise taxes? 

What reasons can you give for taxing the other articles men- 
tioned on p. 86 ? 

4. For a statement of the principal items of the public debt in 1901, 

see James and Sanford, Government in State and Nation, p. 193. 



SOME IMPORTANT POWERS OF CONGRESS. 97 

5. The evils of trusts and the remedies proposed are discussed in the 

following articles : Arena, 23 : 40-58, 617-626 ; 24 : 569-572 ; 25 : 
264-270. Atl. Mo., 87:736-745; 89:332-339. Cent. Mag., 
60:143-149, 152-153. Forum, 28:412-426; 30:286-293. N. Am. 
Rev., 174 : 778-784. Nation, 71 : 4-5. 

6. Because our coins contain one-tenth alloy, they are said to be nine- 

tenths fine. Calculate from the weights of pure metal, given on 
p. 94, the total weights of the gold and silver dollars. 

7. For information concerning the Act of Congress fixing a " standard 

of weights and measures," see Government in State and Nation, 
219. 

8. The depreciation of the United States notes, referred to on p. 95, 

is shown graphically in Government in State and Nation, 210. 



CHAPTER XL 
OTHER GENERAL POWERS OF CONGRESS. 

I. Power of Naturalization. 

Who are Citizens. — Who are citizens of the United 
States is always a question of interest. We find it clearly- 
answered in the first clause of the fourteenth amendment 
as follows : All persons born or naturalized in the United 
States and subject to the jurisdiction thereof are citizens of 
the United States and of the States wherein they reside. 

Thus there are two classes of citizens: (i) those who 
are citizens by birth ; (2) those who have been natural- 
ized. Children born in this country, though of foreign 
parentage, and residing here, may be considered American 
citizens if they choose. According to an Act of Congress, 
passed in 1882, Chinese aliens may not be naturalized; 
but our Supreme Court has decided that a child born in the 
United States, of Chinese parents, is a citizen, if he desires 
to be. Though born in a foreign country, a child whose 
father is an American citizen may claim the privilege of 
American citizenship. Indians who keep their tribal 
relations are not included under the provisions of this 
section. 

Naturalized Citizens. — The second class of citizens are 
those who are naturalized. That the rules should be uni- 



OTHER GENERAL POWERS OF CONGRESS. 99 

form by which aliens become citizens, is self-evident. 
After a brief discussion, the Constitutional Convention 
provided in Section 8, Clause 4, that Congress shall have 
the power to establish a uniform, rule of naturalization, aitd 
uniform laws on the subject of bankruptcies throughout the 
United States. 

Process of Naturalization. — (1) The foreigner desiring 
to become a citizen goes before the clerk of any court of 
record and declares, "upon oath," that it is his intention 
to become a citizen of the United States, and to renounce 
all allegiance to the government which has jurisdiction over 
him. He then receives his "first papers." (2) After he 
has resided in the United States for five years, providing 
two years have elapsed since his " declaration of intention," 
he may secure his certificate of naturalization. He must 
appear in open court and swear that he will support the 
Constitution of the United States, and renounce all alle- 
giance to any foreign power. Two witnesses must testify 
to his term of residence, and declare that he is a man of 
good moral character. His wife, and those of his children 
who are under twenty-one years of age, become citizens at 
the same time. In certain cases, Congress has, by a single 
act, admitted large numbers of aliens to American citizen- 
ship, as it did at the time of the purchase of Louisiana, 
the annexation of Texas, and of Hawaii. 

Bankrupt Laws. — It sometimes happens, because of general depres- 
sion in trade throughout the country, on account of losses, or for other 
reasons, that business men become heavily involved in debt. They are 
said to be insolvent. Now it is but just that such property as they 
have should be divided in some equitable way among the creditors. 
A bankrupt law secures such a division, and the debtor is, at the same 

LofC. 



IOO THE NATIONAL GOVERNMENT. 

time, freed from all legal obligation to pay the debts which cannot be 
met in this way. The first law of Congress on this subject was passed 
in 1802, and repealed in 1803. Since that time there have been three 
other bankrupt laws, but the total time during which they have been in 
force amounts only to some twenty years. The last law, that of 1898, 
is still in operation. 1 

Some States have also passed insolvency laws. How- 
ever, these must not in any way conflict with the provisions 
of the national bankrupt laws. 

II. The Postal System. 

Organization of the Post-office Department. — We can 

appreciate somewhat the advancement made in the postal 
service rendered by the government when we read that an 
Act of Congress in 1782 directed that mail should be carried 
"at least once in each week from one office to another." 
Our well-organized postal system, declared recently by the . 
Postmaster-General to be the "greatest business concern" 
in the world, 2 has been evolved through laws made in car- 
rying out the provision of the Constitution that Congress 
shall have power to establish post-offices and post-roads. 

As is well known, the Postmaster-General, a member of 
the President's Cabinet, is at the head of this Department 
of government. Among his duties, that of overseeing the 
appointment of some 70,000 postmasters is by no means 
the least. 3 These are the so-called fourth-class post- 

1 See " Government in State and Nation," pp. 224, 225, for a further discus- 
sion of bankrupt laws — especially that of 1898. 

2 The total receipts of the Post-office Department for 1902 were $121,840,- 
047. 

3 The appointments are actually made by the Fourth Assistant Postmaster- 
General. 



OTHER GENERAL POWERS OF CONGRESS. ioi 

masters. The other three classes, in which are included 
those postmasters whose salaries are not less than $1000, 
are appointed by the President, with the consent of the 
Senate. 

Classes of Mail. — Mail matter belongs to one of four classes. In 
general, the classes and rates are as follows : First class — letters, two 
cents an ounce ; second class — newspapers and periodicals, one cent 
a pound; third class — books, one cent for two ounces; and fourth 
class — merchandise, limited to four-pound packages, one cent an ounce. 

Free Delivery. — Among the notable advances in the 
mail service was the provision for the free distribution of 
mail in the cities of 10,000 inhabitants, or where the annual 
postal receipts are $10,000 and above. 

Rural Free Delivery. — No innovation in postal methods 
has been more successful than the free delivery of mails 
in the country districts. The development of the system, 
since its establishment in 1897, has been remarkable. 1 

Among the good effects resulting from its extensive 
introduction may be mentioned the following: (1) Cor- 
respondence in the communities affected has increased. 
(2) The circulation of the daily newspaper and of periodi- 
cal literature has been greatly enlarged, and interest has 
grown in public affairs. (3) Good roads have been multi- 
plied, for they are made one of the conditions for the intro- 
duction of the service. (4) Because the country districts 
are brought into daily communication with the centres of 
population, the tendency to quit the farm for the town 

1 According to the report of the superintendent for the year ending June 30, 
1902, 8413 routes had been established. Congress granted an additional 
sum of nearly $5,000,000 to extend this service during the year 1903. Presi- 
dent Roosevelt, in his annual message for 1902, pronounces the system an 
unqualified success, and urges its further extension. 



102 THE NATIONAL GOVERNMENT. 

has been lessened and thus rural free delivery is helping, 
in some degree, to solve one of the problems of our 
social and industrial life. 

Money Orders. — Another great convenience in this de- 
partment is the " money order " office, through which 
money may be transferred quickly and safely. The office 
is also made a bank of deposit by many persons, who 
secure money orders payable to themselves. 

Postal Savings-banks. — At various times bills have been before 
Congress providing for the establishment of postal savings-banks in 
connection with post-offices. It is proposed that they shall receive 
small amounts on deposit, paying a low rate of interest, and that the 
funds secured be invested in government bonds. A strong argument 
in favor of their establishment is, that they have met with much favor 
in many of the European countries. 

Some of the Defects in our Postal System. — (i) One of the great 
abuses in the postal system arises through the delivery of second-class 
matter. There can be little doubt but that private interests are often aided 
by a perversion of the law defining periodical publications. That this 
is an unjust drain upon the public funds is clear, when we consider that, 
in a recent year, the government expended $20,000,000 more than it 
received for carrying second-class mail. (2) Another serious defect 
has existed, in the payment of exorbitant rates to railroad companies 
for carrying the mails. (3) Some Congressmen abuse the privilege 
granted them of sending government publications free. (4) The pos- 
tal system has offered one of the best fields for the manipulation of 
the spoilsman. Postmasters have been usually appointed on the recom- 
mendation of representatives, and, too frequently, the one essential 
to securing an office is that the successful applicant must be influential 
in politics. 1 

1 " The policy now is to consider all fourth-class postmasters as appointed 
for an indefinite period, and subject to removal for cause only." — Report of 
Civil Service Commission, 1901-1902, p. 20. 



OTHER GENERAL POWERS OF CONGRESS. 103 



III. Copyrights and Patents. 

Copyrights and Patents. — Section 8, Clause 8. To pro- 
mote the progress of science and useful arts, by securing, for 
limited times, to authors and inventors, the exclusive right 
to their respective writings and discoveries. 

The development of American literature has been 
greatly aided through the operation of laws based on this 
clause. Copyrights are secured from the Librarian of Con- 
gress. Any person obtaining a copyright has the sole 
right to print, copy, or sell the book, chart, engraving, 
music, etc., for a period of twenty-eight years. A copy- 
right may be renewed for fourteen years longer. It may 
be sold or transferred, providing a record of the transfer 
be made in the office of the Librarian of Congress, within 
sixty days. 

Patents. — Americans have been rightly named the 
great inventors of the world. Not a little of our marvel- 
ous industrial progress has been due to this inventive 
ability. The government has contributed to the same 
end, through the enactment of laws protecting those in- 
ventors who secure patents. A person desiring a patent 
must declare upon oath, in his petition addressed to the 
Commissioner of Patents, that he believes himself to be 
the first inventor of the article for which he solicits a 
patent. The sum of fifteen dollars is charged for filing 
the application, and twenty dollars for issuing the patent. 
A patent is granted for seventeen years, but may be ex- 
tended for seven years more. During this period, the 



104 THE NATIONAL GOVERNMENT. 

patentee has the exclusive right to manufacture, sell, or 
transfer his invention. 1 

IV. Military Powers of Congress. 

Section 8, Clauses n, 12, 13, 14. To declare war, grant 
letters of marque and reprisal, and make rules concerning 
captures on land and zvater. 

To raise and support armies, but no appropriation of 
money to that use shall be for a longer term than two years. 

To provide and maintain a navy. 

To make rules for the government and regulation of the 
land and nival forces. 

The Army. — Americans are always impressed by the 
military spirit so prevalent in European nations. Com- 
pared with the standing army of Germany, which has 
some 700,000 men, and with that of Russia, containing 
1,000,000 men, or with that of most European nations, 
our army is insignificant in size. According to a law 
of 1 90 1, the army of the United States cannot contain 
more than 100,000 men. 2 

Fortunately, there has always existed in the United 
States the desire to keep the standing army from becom- 
ing unduly large. The Constitution itself indicates that 
appropriations for the army shall not be for a longer 
time than two years. At the end of this period, the 
people may check the growth of the army through the 
election of representatives opposed thereto. 

1 The total number of applications filed for patents, in 1902, was 50,000. 
This was the largest number ever applied for in a single year. 

2 The annual report of the Secretary of War, for 1902, shows that the num- 
ber of enlisted troops in our army numbered 59,806. 



OTHER GENERAL POWERS OF CONGRESS. 105 

Officers and Classification of the Army. — The President is, ex- 
officio, commander-in-chief of the army and navy of the United States. 
The office of general was created, by Congress, March 3, 1799, but was 
not filled. It was revived in 1866 for General Grant, General Sherman 
succeeding to the title in 1869. The same rank was bestowed on 
General Sheridan in 1888. The lieutenant-general is next in rank to 
the general. The army is apportioned to three geographical divisions : 
that of the Atlantic, of the Missouri, and of the Pacific. Each division 
is commanded by a major-general. These divisions are sub-divided 
into six departments, each having one or more brigades of men in com- 
mand of a brigadier-general. Each brigade is divided into regiments 
commanded by a colonel, who is aided by a lieutenant-colonel and a 
major. The adjutant, who acts as secretary for the colonel, and the 
quartermaster, who looks after the supplies, are both officers of the regi- 
ment, ranking as first lieutenants. Infantry regiments consist of ten 
companies. The cavalry regiments have twelve troops or companies ; 
and the artillery, twelve companies or batteries. The maximum num- 
ber of men in a company is 100. The commissioned officers of a com- 
pany are, captain, first and second lieutenants, with an additional first 
lieutenant for the artillery. The non-commissioned officers are, first 
sergeant, sergeant, and corporal. Officers above the rank of captain 
are called " field officers," and all others, " officers of the line." 

The Navy. — We are told by competent authorities that 
one of our best means of preserving peace with foreign 
powers is to maintain a strong navy. This has become 
much more necessary since the United States has begun 
to acquire insular possessions. Although the construction 
of the modern American navy was not begun until 1883, 
since that time progress has been so marked that it is now 
estimated our navy ranks fourth among the navies of the 
world. The order is Great Britain, France, Russia, the 
United States. In the year 1899 Congress appropriated 
$36,000,000 for the construction of twelve new ships of 
war. 1 

1 According to the report of the Secretary of the Navy, for 1902, the fighting 
strength of the American navy, counting ships launched, under construction, 



106 THE NATIONAL GOVERNMENT. 

Names of Vessels. — A ship of the first class is given the name of a 
State ; one of the second class that of a principal city or river, and the 
names for ships of the third class are selected by the President. The 
navy now contains 312 vessels. 

Officers in the Wavy. — The titles admiral and vice-admiral, corre- 
sponding to the grades of general and lieutenant-general in the army, 
were created by act of Congress to be bestowed on the following men 
as recognition for distinguished services during the Civil War : Admirals 
Farragut and Porter ; and Vice-Admirals Farragut, Porter and Rowan. 
Admiral Dewey was granted his title by a special Act of Congress after 
the battle of Manila. The officers of the navy ranking with major- 
generals, brigadier-generals, colonels, and so on, in the army, are rear- 
admirals, commodores, captains, commanders, lieutenant-commanders, 
lieutenants, masters, ensigns. 

The Militia. — With but little opposition in the Constitu- 
tional Convention, Congress was given the power to make 
provision for citizen-soldiers as follows : — 

Section 8, Clause 15. To provide for calling forth the 
militia to execute the laws of the Union, suppress insurrec- 
tions and repel invasions. 

Clause 16. To provide for organizing, arming and dis- 
ciplining the militia, and for governing such part of them as 
may be employed in the service of the United States, reserv- 
ing to the States respectively the appointment of the officers, 
and the authority of training the militia according to the 
discipline prescribed by Congress. 

Number of the Militia. — All able-bodied male citizens 
of the United States and males between eighteen and 
forty-five years of age who have declared their intention to 
become citizens are regarded as the militia force of the 
country. As a matter of fact, there are at present only 

and authorized by acts of Congress, has increased to four times what it was at 
the beginning of the war with Spain. 



OTHER GENERAL POWERS OF CONGRESS. 107 

about 100,000 men enrolled in this service. But in the 
case of an emergency the President may compel the gov- 
ernors of the various States to furnish the troops needed. 
The militia may thus be called into service, under their 
own State officers, for a period of nine months. The War 
of 1812 and the Civil War furnish the best illustrations of 
the enforcement of this provision. 

Volunteers of 1898. — We should note here the manner in which 
men were secured for the war against Spain. We see, according to 
Clause 15, that the militia may be called out only for the purposes of 
executing the laws of the Union, suppressing insurrections, and repelling 
invasions. Now, in the case given, the war was to be conducted in 
foreign territory, and President McKinley called for 200,000 volunteers. 
It was understood, however, that preference would be given to those 
volunteers who were already members of the organized militia. 

V. Location of the Capital. 

Section 8, Clause 17. Congress shall have the power to 
exercise exclusive legislation in all cases whatsoever over 
such district {not exceeding ten miles square) as may, by ces- 
sion of particular States and the acceptance of Congress, 
become the seat of the government of the United States, and 
to exercise like authority over all places purchased by the 
consent of the legislature of the State in which the same 
shall be, for the erection of forts, magazines, arsenals, dock- 
yards, and other needful buildings. 

One of the most interesting contests in American history 
arose in the selection of a site for the capital city. Con- 
gress finally accepted, for this purpose, one hundred square 
miles of land on the Potomac River, which was ceded by 
Maryland and Virginia. The thirty square miles given 



IOS THE NATIONAL GOVERNMENT. 

by Virginia were afterward returned to that State. The 
capital was to be in New York until 1790, then in Phila- 
delphia until 1800. In 1800 it was transferred to the new 
district, called the District of Columbia. 1 

VI. Implied Powers. 

Strict and Loose Construction. — Our national develop- 
ment has been, in large measure, dependent on the inter- 
pretation of the next clause of the Constitution. It is often 
called the elastic clause. 

Section 8, Clause 18. To make all laws which shall be 
necessary and proper for carrying into execution the foregoing 
powers and all other powers vested by this Constitution in the 
government of the United States or in any department or 
officer thereof. 

Briefly stated, the problem has always been, Has Con- 
gress the right to exercise powers not definitely granted by 
the Constitution ? Alexander Hamilton first set forth the 
doctrine of implied powers. He urged that Congress 
might, in carrying out specific powers, use methods not 
expressly provided for in the Constitution, as in the creation 
of a bank or a mint. Since the time of this interpretation, 
which, fortunately for American interests, was sanctioned 
by Washington and later by the Supreme Court through 
its great Chief Justice John Marshall, the advocates of the 
doctrines of strict and loose construction have contended 
for their principles. Does the Constitution permit the ac- 
quisition of territory ? May Congress establish a protec- 
tive tariff, or a system of internal improvements ? We 

1 For the government of this district, see " Government in State and Nation," 
p. 239. 



OTHER GENERAL POWERS OF CONGRESS. 109 

have here but three of the great questions which have led 
to a definition of these opposing views. Speaking in 
general terms, the party in power has favored loose con- 
struction, while the party out of power has advocated 
strict construction. Said Mr. Bryce, " The Americans 
have more than once bent their Constitution in order that 
they might not be forced to break it." 1 

SUPPLEMENTARY QUESTIONS AND REFERENCES. 

1. What are star routes? James and Sanford, Government in State 

and Nation, 229. 

2. Should postal savings-banks be established? N. Am. Rev., 172: 

551-554- 

3. Should there be a system of postal telegraphy? Cent. Mag., 

59 = 952-956; N. Am. Rev., 172 : 554-556. 

4. Extent and advantages of Rural Free Delivery, Rev. of R's, 27 : 55- 

60. 

5. Perils of the Postal Service, N. Am. Rev., 172 : 420-430, 551-559. 

6. Defects in the Postal System, N. Am. Rev., 174 : 807-819 ; 175 : 115- 

127. 

7. Privateers and privateering, Government in State and Nation, 

204; Walker, The Making of the Nation, 231, 232. 

8. For the methods employed in the patent office and a comparison 

between our system and that of European nations, see Cent. 
Mag., 61 : 346-356. 

9. A good account of the reorganization of the army of the United 

States is given in the Atl. Mo., 89 : 437-451. 

10. The Development of the United States Army, Scribner's Mag., 

30:286-311, 446-462, 593-613- 

11. West Point after a Century, World's Work, August, 1902, 

2433-245I- 

12. A Hundred Years of West Point, Outlook, 71 : 5gi-6oi. 

13. Life at West Point, Rev. of R's, 26 : 45-53. 

14. What was the character of our navy prior to 1883? Harrison, 

This Country of Ours, 251-255. 

1 Bryce, "American Commonweallh," I, 390. 



110 THE NATIONAL GOVERNMENT. 

15. The New American Navy, Outlook, 73 : 323-337. 

16. Comparison of the strength of our navy with that of other nations, 

Rev. of R's, 25 : 561-570. 

17. What special problem was connected with the location of the 

capital? How was it finally settled? Hart, Contemporaries, 
III, 269-272; Schouler, I, 152-156; McMaster, I, 555-562; 
World's Work, 1 : 191-195. 

18. The development of Washington during the past one hundred 

years is discussed in Rev. of R's, 22 : 675-686 ; Forum, 30 : 545- 
554; Outlook, 70:310, 311, 817-829; Cent. Mag., 63:621-628, 
724-756 ; Cosmop., 30: 109-120. 

19. Proposed Improvements in Washington, Cent. Mag., 63:621- 

628, 747-759- 

20. For the influence of the doctrine of implied powers, see : — 

(a) Internal Improvements, Hart, Contemporaries, III, 436-440 ; 

Walker, The Making of the Nation, 204, 205, 262, 363 ; 
Hart, Formation of the Union, 227-229, 353-355. 

(b) The United States Bank, Hart, Contemporaries, III, 446- 

450; Hart, Formation of the Union, 150-151, 226-227; 

Walker, The Making of the Nation, 82-83. 
(V) The annexation of territory, Hart, Contemporaries, III, 373- 

376 ; Walker, The Making of the Nation, 177-184 ; Hart, 

The Formation of the Union, 188. 
(</) Legal tender cases, Wilson, Division and Reunion, 280-281. 



CHAPTER XII. 

POWERS DENIED THE UNITED STATES AND THE 
SEVERAL STATES. 

While restrictions on Congressional powers are found 
elsewhere in the Constitution, Section 9 of Article I seems 
to have been framed especially for this purpose. 1 

Writ of Habeas Corpus. — Clause 2 provides : The privi- 
lege of the writ of habeas corpus shall not be suspended, 
unless when in cases of rebellion or invasion, the public 
safety may require it. 

A writ of Jiabeas corpus is a writ granted by a court, 
commanding an officer to produce before it a prisoner, in 
order that the court may inquire into the cause of his 
imprisonment or detention. If, after such inquiry, it is 
found that the person is detained for insufficient cause, he 
is granted his freedom. 

President Lincoln and the Writ of Habeas Corpus. — President 
Lincoln, as a military necessity, in 1861, suspended the privilege of the 
writ over a limited area, constituting a large part of the State of Mary- 
land. The Supreme Court, however, declared his order non-effective, 
maintaining that the right of suspending the writ of habeas corpus lay 
with Congress, though it might be granted to the President. This 
attempt on the part of the Supreme Court to restrain Mr. Lincoln was 
a failure, and shows that even the highest of our tribunals may not have 

1 Clause 1 of this Article formed an important part of the third great com- 
promise which was discussed on p. 43. 

in 



112 THE NATIONAL GOVERNMENT. 

its usual power in time of war. It was not until March 3, 1863, that 
Congress made the decree of President Lincoln legal by authorizing him 
to suspend the writ whenever he believed the public safety demanded 
it. In September of that year he declared the suspension general 
throughout the country. 

Ex Post Facto Laws. — Clause 3. No bill of attainder 

or ex post facto laws shall be passed. 

An ex post facto law, as denned by the Supreme Court, 
is a " law which renders an act punishable in a manner 
in which it was not punishable when it was committed." 
It applies to acts of a criminal nature only. 1 

Care of Public Money. — Clause 7. No money shall be 
drawn from the treasury, but in consequence of appropria- 
tions made by law ; and a regular statement and account of 
the receipts and expenditures of all public money shall be 
published from time to time. 

It is proper in a government such as ours that the 
control of the public money should be lodged with the 
representatives of the people. Through the annual report 
of the Secretary of the Treasury, the people may know 
from what sources our revenues are derived and for what 
purposes the money is expended. 

Titles of Nobility and Gifts. — Clause 8. No title of 
nobility shall be granted by the United States ; and no 
person holding any office of profit or trust under them shall, 
without the consent of the Congress, accept of any present, 
emolument, office, or title of any kind whatever from any 
king, prince, or foreign state. 

According to the wording of the clause, Congress may 

1 Clause 4 is discussed under National Finances, p. 87. 



POWERS DENIED THE STATES. 113 

allow gifts, of the kind mentioned, to be accepted by our 
National officials. Usually, however, such gifts pass into 
the keeping of government. 

Powers denied the States. — We recall the power of the 
States and weakness of the general government under the 
Articles of Confederation. It was plain to the members 
of the Constitutional Convention that hopeless confusion 
would arise if the States should also be given the right 
to coin money, pass ex post facto laws, etc. Therefore, 
certain prohibitions were made on the powers of the States. 
In Section 10, Clause 1, we note that these prohibitions are 
absolute, as : — 

No State shall enter into any treaty, alliance or confed- 
eration ; grant letters of marque and reprisal, coin money, 
emit bills of credit; make any tiling but gold and silver coin 
a tender in payment of debts ; pass any bill of attainder, 
ex post facto laiv, or latv impairing the obligation of con- 
tracts, or grant any title of nobility } 

In Section 10, Clauses 2 and 3, the prohibitions are only 
conditional ; thus : — 

No State shall, without the consent of the Congress, lay 
any impost or duties on imports or exports except what 
may be absolutely necessary for executing its inspection 
lazvs ; and the net produce of all duties and imposts laid by 
any State on imports or exports, shall be for the use of the 
treasury of the United States ; and all such laws shall be 
subject to the revision and control of the Congress. 

1 In the celebrated Dartmouth College case, it was finally determined that a 
State legislature may not modify the terms of a contract. See Life of John 
Marshall, by Magruder. " American Statesmen," new ed., 188-190. 
I 



114 THE NATIONAL GOVERNMENT. 

No State shall, without the consent of Congress, lay any 
duty of tonnage, keep troops or ships of war in time of 
peace, enter into any agreement or compact with another 
State or with a foreign pozver, or engage in war, unless 
actually invaded or in such imminent danger as will not 
admit of delay. 

More Complete Protection of Personal Rights. — By a 

careful reading of Sections 9 and 10, it is seen that some 
of the rights of the individual are guarded against encroach- 
ment on the part of government, either National or State. 
But the people felt that there were other personal rights 
which needed protection. They were familiar with the 
Bills of Rights in their own State constitutions. That 
the National Constitution did not also contain a Bill of 
Rights was, as we have seen, one of the chief arguments 
made against its adoption in the State conventions. 1 

The First Ten Amendments. — A large number of prop- 
ositions, therefore, were submitted to the first Congress 
by the States. Seventeen of these were selected by the 
House of Representatives, and proposed as amendments 
to the Constitution. Twelve of these were acceptable to 
the Senate also, and ten were ratified by the required three- 
fourths of the State Legislatures. We call them the first 
ten amendments to the Constitution. If we read these 
amendments, we shall find that really they are a Bill of 
Rights, for the preservation or protection of rights of the 
people is expressed in all. 2 

1 See p. 45. 2 See Appendix A. 



CHAPTER XIII. 

THE EXECUTIVE DEPARTMENT. 

The President and his Election. — We have seen that 
the one great weakness of the government under the Con- 
federation was that there existed no adequate executive. 
After much discussion in the Convention, the fear of a 
despot at the head of affairs gave place to the desire to 
secure executive energy and responsibility. To-day, the 
President is the most notable personage among all our 
officials. Mr. Bryce calls the Presidential office the great- 
est office in the world unless we except the papacy. In 
the Executive Department, the President's power is prac- 
tically absolute. He may appoint and remove, either 
directly or indirectly, all officials of the department, and 
they are finally responsible to him in the performance of 
their duties. His control of international relations and 
his influence on legislation are, as we shall see, extensive. 

Length of Term. — Article II, Section i, Clause i. The 
executive power shall be vested in a President of the United 
States of America. He shall hold his office during the term 
of four years, and, together with the Vice-President, chosen 
for the same term, be elected as follows : — 

Method of Election. — How shall the President be 
chosen ? This problem is said to have taken one-seventh 

"5 



Il6 THE NATIONAL GOVERNMENT. 

of the entire time of the Convention. While there were 
those who believed that election by the people would be 
wise, still this sentiment was not general. It was thought 
that a choice in this way would cause great " tumult and 
disorder." Besides, it was urged that the people would 
not be sufficiently acquainted with the men who have the 
necessary qualifications for such high office. For a special 
investigation of this sort, they agreed that it would be best 
to select a small number of persons who would be most 
likely to possess the required information and discernment. 
The appointment of these independent electors was pro- 
vided for as follows : — ■ 

Appointment of Electors. — Section i, Clause 2. Each 
State shall appoint, in sucJi manner as the legislature thereof 
may direct, a number of electors equal to the whole number 
of senators and representatives to zuhich the State may be 
entitled in the Congress ; but no senator or representative 
or person holding an office of trust or profit under the United 
States, shall be appointed an elector. 

Article II, Section 1, Clause 3. The Co7igress may 
determine the time of choosing the electors, and the day on 
which they shall give their votes, which day shall be the 
same throughout the United States. 

At present, the appointment of electors is a necessary 
but a comparatively unimportant step in the election of a 
President. 

The real power exists in the National conventions of the 
great political parties. Instead of exercising the right of 
free choice, as they were originally expected to do, the 
electors are really bound to vote for candidates nominated 



THE EXECUTIVE DEPARTMENT. 117 

in these conventions. Let us consider, then, some of 
the chief points in the history and practical working of 
National conventions. 

Early Methods of Nominating. — Like the development of other 
political usages, the method of nominating a President passed through 
several stages before the present plan of nominating conventions was 
reached. No nominations were made in the first two Presidential elec- 
tions. In 1796, Washington having refused to be a candidate for a 
third term, party managers in Congress agreed informally on Adams 
and Jefferson as the candidates of the Federalist and the Republican 
parties respectively. A caucus of Federalist Congressmen, in 1800, 
nominated Adams and Pinckney, and a caucus of Republican Congress- 
men nominated Jefferson and Burr, for the offices of President and 
Vice-President. The Republican members of Congress continued to ^ 
hold a regular caucus and thus to direct the votes of the party electors 
until 1824. In that year William H. Crawford, the last Congressional 
nominee, was defeated. There was opposition to the Congressional 
caucus from the beginning, for such a method was regarded as undemo- 
cratic. In 1824 and 1828 the several State Legislatures put forward 
their favorites for the office of President. 

Development of National Conventions. — As early as 1812, De Witt 
Clinton was nominated as the candidate of the Federalists in a conven- 
tion held in New York City, made up of seventy delegates, who repre- 
sented eleven States. But the National nominating convention, as we 
know it, was used for the first time by the Anti-Masonic party, which 
selected William Wirt for its candidate in 1831. This method was 
followed in the same year by the National Republican party, which 
nominated Henry Clay. The National convention of the Democratic 
party in 1832 nominated Andrew Jackson, who had already been nomi- 
nated by many local conventions and State Legislatures. Many years 
elapsed before the present complex organization was reached, but since 
1836, with the single exception of the Whig party in that year, parties 
have regarded the National convention as an essential factor in electing 
President and Vice-President. 

Election of Delegates to the National Conventions. — The 
National conventions of the Republican and the Demo- 



Il8 THE NATIONAL GOVERNMENT. 

cratic parties are made up of twice as many delegates from 
the different States as these States have representatives 
and senators in Congress. Delegates are chosen by con- 
ventions in the various States in April or May of the Presi- 
dential election year. According to the usual method, two 
delegates are selected for each of the Congressional dis- 
tricts by the district conventions of each party, and four 
delegates at large are chosen by the State conventions. 
In some States, all the delegates of a party are selected in 
the State convention. The Republican National conven- 
tion also admits to full membership two delegates from 
each Territory and one from the District of Columbia. 

The National convention is held in some leading city 
during the month of June or July of the year in which a 
President is to be elected. A few days before the time 
set for the convention, the delegates, together with many 
thousands of politicians and sight-seers, flock to that city. 
Headquarters are established and delegates are inter- 
viewed on behalf of the different candidates. On the day 
appointed, the convention is called to order by the chair- 
man of the National committee, under whose auspices the 
convention is to be held. A temporary chairman is elected, 
and clerks and secretaries are appointed. Committees are 
also appointed, the most important being those on creden- 
tials and on resolutions. Each State delegation selects one 
of its members for each of the committees. In the next 
session, a permanent chairman is usually selected, and the 
committee on resolutions presents its report, which sets 
forth the platform embodying party doctrines and prin- 
ciples. Nominations are then in order. The roll of 
States is called, and the various delegations place before 



THE EXECUTIVE DEPARTMENT. 119 

the convention the favorite of their State. A State often 
waives its privilege in behalf of some other State which 
has a candidate to present. Again the clerk calls the roll 
of the States, and each chairman of a delegation announces 
the votes from his State. In the Republican convention, 
a majority of the number of delegates voting is sufficient 
to nominate ; but no nomination is possible in the Demo- 
cratic convention except by a vote of two-thirds of the 
delegates. Then follows the selection of a candidate for 
Vice-President. In this choice, the attempt is made to 
secure some man who will add strength to the party, and 
who comes from a different section of the country from 
that represented by the candidate for the Presidency. He 
may, as in the cases of Tyler and Johnson, represent a 
faction of the party that is not in entire agreement with 
the majority. 

The National Committee. — A National committee is also appointed, 
made up of one member from each State, who is nominated by the 
State delegation. The wishes of the Presidential candidate are of in- 
fluence in the choice of the chairman, who need not be a member of the 
convention. The committee occupies a position of great importance, 
for by it the platform of the party is largely determined. We have 
here a body of men not mentioned by the Constitution, but exerting 
vastly greater influence upon the election of President than does the 
electoral college itself. It organizes the campaign, secures money, 
selects speakers, and sends out party literature. The committee looks 
after the interests of the party during the ensuing four years and issues 
the call for the next National convention. 

Election of Electors. — We are now ready to consider 
the place of the electors in the choice of a President. The 
nominations of candidates for the office of elector are 
usually made at the State conventions of the different par- 



120 THE NATIONAL GOVERNMENT. 

ties when State tickets are nominated. These occur, ordi- 
narily, in August or September preceding the November 
election. Each political party nominates as many electors 
as the State has senators and representatives in Congress. 
The names of the electors are then placed on the general 
party ticket, on which appear also the names of the candi- 
dates for President and Vice-President ; each person then 
votes for the entire number of electors to which his State 
is entitled, and will naturally vote for all the electors 
on his party ticket. The political party, therefore, which 
receives the majority of votes in a State secures all the 
electoral votes of that State. 1 

Vacancies in the Offices of Electors. — Congress enacted in 1845 
that each State might provide, by law, for the filling of vacancies in the 
electoral college, and that if any State failed to choose electors on the 
regular day, that they might be appointed on a later day in such manner 
as the State might, by law, direct. Nearly all of the State legislatures 
have conferred on the college itself the power of filling vacancies. 

Function of Electors. — The steps prescribed by the 
Constitution must still be followed, although we know, 
long before the electors cast their votes, who the next Presi- 
dent will be. The actual function of the electors is given 
in Amendment XII, as follows : — 

The electors shall meet in their respective States and vote 
by ballot for President and Vice-President, one of whom, at 

1 It has sometimes happened, however, when the election in a State has 
been close, that one or more of the electors on a minority ticket have run 
ahead of the other candidates on that ticket, and have secured a larger num- 
ber of votes than candidates on the majority ticket, thus obtaining an election. 
California, in 1892, gave one electoral vote to Mr. Harrison and eight to 
Mr. Cleveland, and again, in 1896, gave eight votes to Mr. McKinley and one 
to Mr. Bryan. Kentucky, in 1896, cast twelve votes for Mr. McKinley and 
one for Mr. Bryan. 



THE EXECUTIVE DEPARTMENT. 121 

least, shall not be an inhabitant of the same State tvitJi 
themselves ; they shall name in their ballots the person voted 
for as President, and in distinct ballots the person voted for 
as Vice-President ; and they shall make distinct lists of all 
persons voted for as President, and of all persons voted for 
as Vice-President, and of the number of votes for each, which 
lists they shall sign, and certify, and transmit, sealed, to the 
seat of government of tlie United States, directed to the 
President of the Senate ; — the President of the Senate 
shall, in the presence of the Senate and House of Represen- 
tatives, open all the certificates, and the votes shall then be 
counted ; — the person having the greatest number of votes 
for President shall be the President, if such number be a 
majority of the whole number of electors appointed ; and if 
no person have such majority, then, from the persons having 
the highest numbers, not exceeding three, on the list of those 
voted for as President, the House of Representatives shall 
choose immediately, by ballot, the President. But in choosing 
the President, the votes shall be taken by States, the repre- 
sentation from each State having one vote ; a quorum for 
this purpose shall consist of a member or members from two 
thirds of the States, and a majority of the States shall be 
necessary to a choice. And if tJie House of Representatives 
shall not choose a President, whenever the right to choose 
shall devolve upon them, before the fourth day of March next 
follotving, then the Vice-President shall act as President, as 
in the case of the death or other constitutional disability of 
the President. — The person having the greatest number of 
votes as Vice-President shall be the Vice-President, if such 
number be a majority of the zvJiole number of Electors ap- 
pointed ; and if no person have a majority, then, from the 



122 THE NATIONAL GOVERNMENT. 

two higJiest numbers on the list, the Senate shall choose the 
Vice-President ; a quorum for tJie purpose shall consist of 
two-thirds of the whole number of senators, and a majority 
of the whole number shall be necessary to a choice. But no 
person constitutionally ineligible to the office of President 
shall be eligible to that of Vice-President of the United 
States. 

Voting of the Electors. — The formal election of Presi- 
dent takes place on the second Monday in January, when 
the electors meet at their various State capitals and cast 
their votes. Separate ballots are given for Vice-President. 
Three separate sealed lists of the results are then prepared. 
Two of these are sent to the President of the Senate, one by 
mail and the other by special messenger. The third is de- 
posited with the United States District Judge of the district 
in which the electors meet. On the second Wednesday in 
February the votes are opened by the President of the 
Senate, in the presence of the Senate and the House of 
Representatives, and counted. That person having a ma- 
jority of the electoral votes cast for President is declared 
to be duly elected. The one who has a majority of the 
electoral votes cast for Vice-President is also elected to 
that office. 

Election of President by the House of Representatives. — In case no 
Presidential candidate receives a majority of the electoral votes, the 
election goes to the House of Representatives, as is provided in the 
amendment we are considering. Here the three candidates having 
the highest number of votes are alone considered. The voting is by 
States. In 1825 John Quincy Adams was elected President in this 
way. He had fewer popular and fewer electoral votes than Andrew 
Jackson, but he received the votes of thirteen out of twenty-four States 
in the House. 



THE EXECUTIVE DEPARTMENT. 123 

Choice of Vice-President by the Senate. — The Senate is called on 
to select the Vice-President in case no candidate has received a major- 
ity of the electoral votes. The two candidates having the highest num- 
ber of votes are considered. The only instance of the election of a 
Vice-President in this way occurred in 1837. 

Disputed Returns, Election of 1876. — Disputes have arisen, from 
time to time, over some of the returns of the electoral votes. The most 
notable contest was that over the returns from Florida, Louisiana, 
South Carolina, and Oregon, in 1877. If the twenty-one electoral 
votes from these States should be counted for the Republican candidates, 
they would be elected. Should just one of those votes be given to the 
Democratic nominees, the Republicans would lose the election. Now 
the Senate at this time was Republican, and the House Democratic, 
and therefore no satisfactory adjustment could be reached, because of 
party prejudices. The excitement throughout the country was finally 
relieved by the agreement on the part of both houses to refer the 
decision to an "Electoral Commission." 

This Commission consisted of five Judges of the Supreme Court, five 
Representatives, and five Senators. After examining the returns, the 
commission decided, March 2, 1877, by a vote of eight to seven, that 
Hayes and Wheeler, the Republican candidates, had received the 
twenty-one votes in dispute, thus giving them one hundred and eighty- 
five electoral votes, and that Tilden and Hendricks, the Democratic 
candidates, had received one hundred and eighty-four electoral votes. 

In consequence of the grave problem which arose in 1877, Congress 
passed an act February 3, 1887, which provides that any contest in the 
choice of electors in a State must be decided by the State authorities 
under the laws of the State. 

The Original Method of choosing the President. — Because Presi- 
dents Washington, Adams, and Jefferson for his first term, were chosen 
by the plan given in the original clause, let us notice, briefly, the method 
used at that time, and especially the reasons for the change to the 
present plan. 

Section 1, Clause 2. The Electors shall meet in their respective States, 
and vote by ballot for two persons, one of whom, at least, shall not be an 
inhabitant of the same State with themselves. And they shall make a list 
of all the persons voted for, and of the number of votes for each ; which 
list they sign and certify, and transmit, sealed, to the seat of the govern- 



124 THE NATIONAL GOVERNMENT. 

merit of the United States, directed to the President of the Senate. The 
President of the Senate shall, in the presence of the Senate and House 
of Representatives, open all the certificates, and the votes shall then be 
counted. The person then having the greatest number of votes shall be 
President, if such number be a majority of the whole number of 
Electors appointed ; and if there be more than one who have such a 
majority, and have an equal number of votes, then the House of Rep- 
resentatives shall immediately choose, by ballot, one of them for Presi- 
dent ; and if no person have a majority, then, from the five highest on 
the list, the said House shall, in like manner, choose the President. But 
in choosing the President, the votes shall be taken by States, the repre- 
sentation from each State having one vote; a quorum for this purpose 
shall consist of a member or members from two-thirds of the States, and 
a majority of all the States be necessary to a choice. In every case, 
after the choice of the President, the person having the greatest number 
of votes of the Electors shall be the Vice-President. But if there should 
remain two or more who have equal votes, the Senate shall choose from 
them, by ballot, the Vice-President. 

According to this clause, we note that the electors voted for two 
persons without stating which was to be President and which Vice- 
President. In the official count, the candidate receiving the highest 
number of votes, provided it was a majority of the whole number of 
the electoral votes, became President, and the one receiving the next 
highest became Vice-President. 

Election of 1796. — In the election of 1796, John Adams, who 
received the highest number, seventy-one, out of one hundred and 
thirty-two electoral votes, was elected President. Thomas Jefferson, 
his opponent, became Vice-President, having received sixty-eight votes, 
or the next highest number. Thus there were elected a President of 
one party and a Vice-President of the opposing party. 

Election of 1800. — The election of 1800 also showed the plan to be 
impracticable. At this time, the Democratic-Republican party was 
determined to have Mr. Jefferson for President and Aaron Burr for 
Vice-President. They both received seventy-three votes, a majority of 
all the votes. But since the number was equal, it devolved upon the 
House of Representatives to determine whether Jefferson or Burr should 
be President. For seven days the house was in continuous session, 
and civil war threatened. On the thirty-sixth ballot, however, Jefferson 
received the votes often States out of sixteen, and was elected. 



THE EXECUTIVE DEPARTMENT. 125 

In order to prevent a recurrence of the conditions which obtained in 
1796, or of the dangers incident to a contest like that of 1800, the 
twelfth Amendment was proposed by Congress, and, after ratification, 
was declared in force September 25, 1804. This provides, as we have 
seen, that the electoral votes must be cast separately for President and 
Vice-President. 

The Presidential Term. — Shall the President hold office for a term 
of three years, of seven years, or during good behavior ? These were 
questions of great interest in the Constitutional Convention. A term of 
seven years with no reelection was agreed upon, but toward the end of 
the Convention the clause as given was adopted. 

Reelection of a President. — The Constitution does not limit the 
number of terms for which a President may be chosen, but the " third 
term tradition" has now made it practically impossible for the same 
man to be elected for more than two terms. This custom was inaugu- 
rated by the refusal of President Washington to accept a third term. 
President Jefferson was also urged to stand for a third term, but he, too, 
preferred to retire to private life as Washington had done. The 
adherents of General Grant strove to break down this precedent in 1880, 
but their defeat seems to have established the tradition more firmly as 
a rule. 

A Longer Term. — It is frequently urged that the Constitution should 
be amended in such a manner as to provide for a term of six 
or seven years for the President, with no reelection. Among the 
reasons for this change are the following: (1) a new President has 
most of his time, for months, at the beginning of his term, consumed 
in hearing the claims of applicants for office, and in making appoint- 
ments ; (2) there is danger that he may be influenced in his official 
actions through desire to secure a second term ; (3) the commercial 
depression that usually exists during a campaign would thus come less 
frequently. These arguments may be used in opposition to such a 
change: (1) in the case of an inefficient President, the short term is to 
be preferred ; (2) the Presidential campaign is of value, in that the 
attention of Americans generally is for a time fixed on the problems 
connected with the conduct of our government. It furnishes the op- 
portunity for imparting to our citizens many lessons in their political 
education. 



126 THE NATIONAL GOVERNMENT. 

Qualifications for President and Vice-President. — The 

qualifications for President and Vice-President are natu- 
rally the same, and are as follows : — 

Section i, Clause 4. No person, except a naticral-bom citi- 
zen, or a citizen of the United States at the time of the 
adoption of this Constitution, shall be eligible to the office of 
President ; neither shall any person be eligible to that office 
who shall not have attained to the age of thirty-five years, 
and been fourteen years a resident within the United States. 

Vacancies. — The chief reason for creating the office of 
Vice-President seems to have been to provide for the 
emergency of a vacancy in the Presidency. 

Section 1, Clause 5. In case of the removal of the Presi- 
dent from office or of his death, resignation, or inability to 
discharge the powers and duties of the said office, the same 
shall devolve on the Vice-President, and the Congress may, 
by law, provide for the case of removal, death, resignation, 
or inability both of the President and Vice-President, de- 
claring what officer shall then act as President, and such 
officer shall act accordingly, until the disability be removed, 
or a President shall be elected. 

Presidential Succession. — In 1886, Congress provided 
that in case of the death, resignation, or disability 1 of both 
President and Vice-President, the succession should be in 
the following order : Secretary of State, Secretary of the 

1 What constitutes disability has not been settled. President Garfield per- 
formed only the single executive act of signing an extradition paper, from 
July 2 to September 19, 1881. The fact of his inability to discharge the 
duties of President was not formally established. Nor was there declared 
disability in the case of President McKinley, between September 6 and the 
day of his death, September 14, 1901. 



THE EXECUTIVE DEPARTMENT. 127 

Treasury, Secretary of War, Attorney-General, Postmaster- 
General, Secretary of the Navy, Secretary of the Interior. 
The Secretary of Agriculture was added in 1889. 

Should a cabinet officer become President, through this 
succession, he would hold the office for the unexpired 
term. 

Salary of the President. — Section 1, Clause 6. The Presi- 
dent shall, at stated times, receive for his services a compen- 
sation, which shall neither be increased nor diminished 
during the period for which he may have been elected, and 
he shall not receive within that period any other emoltt- 
ment from the United States or any of them. 

In 1873 the salary of the President was changed from 
$25,000 to $50,000 a year. The custom has been estab- 
lished that no President shall receive a gift from any 
civil body, such as a city council, a State Legislature, or a 
foreign state. In addition to his salary, the President is 
provided with an "executive mansion," the "White House," 
which is furnished at the expense of the government. The 
Vice-President receives $8000 annually. 

Salaries of Foreign Rulers. — The salary paid our President is 
small when we compare it with the grants made to European rulers. 
In 1901 the English government voted some $4,000,000 for the annual 
use of the royal household. The Czar of Russia receives $6,500,000 
annually, in addition to revenues derived from 1,000,000 square miles 
of crown domains. The President of France receives $23 1,600 annually. 

Inauguration Day. — One of the most notable of our 
civic festivals occurs on the fourth of March 1 after the 

1 It is frequently urged, with good reason, that this date should be changed 
to a time of year when the weather in Washington would be more favorable. 
An amendment, recently sanctioned by the Senate, provides that the date for 



128 THE NATIONAL GOVERNMENT. 

Presidential election. Then, thousands of people go to 
Washington to witness the inaugural exercises, by which 
the President and Vice-President are formally invested with 
their offices. The Constitution provides that the President 
shall take the following oath of office before entering on 
his duties : — 

Section i, Clause J. I do solemnly swear (or affirm) that 
I will faithfully execute the office of President of the United 
States, and will to the best of my ability preserve, protect, 
and defend the Constitution of the United States. 

It has been established, by custom, that the oath shall be 
administered by the Chief Justice of the United States, at 
the east front of the Capitol. After taking the oath, the 
President gives his inaugural address, which outlines the 
policy he purposes to carry out. Immediately after his 
inauguration, unless it be his second term, he calls the 
Senate together, and places before it his nominations for 
members of the cabinet, and for such other important 
offices as he may desire to make. 

SUPPLEMENTARY QUESTIONS AND REFERENCES. 

i. Which of the Presidents have served two terms? How was their 
election for a second term to be accounted for ? 

2. The method of calling national political conventions. When 

held ? Questions considered. Make a study of the last con- 
vention. Cosmop., 29: 194-200; Scribner's Mag., 27 : 643-656. 

3. Under what conditions was the first platform of a national conven- 

tion agreed upon ? Wilson, Division and Reunion, 63. 

4. For the work of the national committee, see Rev. of R's, 22: 

549-556 ; 556-563- 

the inauguration shall be the last Thursday of April. The chief objection to 
this change seems to be the further extension of time between the election 
and the assuming of duties. 



THE EXECUTIVE DEPARTMENT. 129 

5. The power of the chairman of the National committee is discussed 

in Atl. Mo., 89: 76-81. 

6. What was the probable origin of the system of electing the Presi- 

dent by electors ? Harrison, This Country of Ours, 78 ; Fiske, 
Critical Period of American History, 66, 280-289. 

7. For the methods which have been used in electing a President, 

see N. Am. Rev., 171 : 273-280. 

8. Should the President be elected by direct popular vote ? N. Am. 

Rev., 171: 273-280; 281-288; Scribner's Mag., 27: 643-656. 

9. For some of the problems connected with the electoral colleges in 

the history of elections, see Rev. of R's, 23 : 66-69. 

10. What is the method used in counting the electoral votes? Edmund 

Alton, Among the Lawmakers, 88-89. 

11. Do you agree with Mr. Bryce that the tendency is to select for 

President men who have not been prominent ? Bryce, Ameri- 
can Commonwealth, I, chap. 8. 

12. Was the present President notable before his election ? In what 

ways ? 

13. What were the chief causes for the success of his party ? 

14. How many electoral votes were required for election ? He received 

how many ? Did he receive a majority of the popular votes ? 
Election of 1900, Rev. of R's, 22 : 673-674 ; 655-658. 

15. How many electors were there from your State ? For whom did 

they vote ? How is this majority in your State to be accounted 
for ? Rev. of R's, 22 : 673-674, 655-658, 664. 

16. Would successful governors make good candidates for President? 

In what particulars do the offices resemble each other ? Would 
you favor making the governor of your State President ? Wil- 
son, Congressional Government, 253, 254. 

17. Why was the election of John Quincy Adams of especial interest ? 

What results followed ? Burgess, The Middle Period, 140- 
141 ; Wilson, Division and Reunion, 18. 

18. State the chief points connected with the "disputed election" of 

1876. Wilson, Division and Reunion, 283-286 ; Johnston, Ameri- 
can Politics, 233-237 ; Cent. Mag., 62 : 923-934. 

ig. Give the names of the Presidents who have died in office. B> 
whom were they succeeded ? 

20. What was the order of succession to the Presidency before 1886 ? 

K 



130 THE NATIONAL GOVERNMENT. 

Why was the change made ? James and Sanford, Government 
in State and Nation, 266. 

21. What is a "minority" President? Government in State and 

Nation, 264. 

22. An interesting account of the White House, Outlook, 70 : 287- 

299. 

23. Inauguration events of 1901, Rev. of R's, 23 : 405, 406 ; Out- 

look, 67: 555, 556. 

24. Incidents of Presidential inaugurations. World's Work, 1 : 477- 

479- 

25. For other questions and references on the chapter, see Govern- 

ment in State and Nation, 255-257, 269, 270. 



CHAPTER XIV. 
POWERS AND DUTIES OF THE PRESIDENT. 

Military Powers of the President. — An eminent histo- 
rian, 1 writing recently of the power exercised by President 
Lincoln in time of war, said, " It is an interesting fact, 
that the ruler of a republic which sprang from a resistance 
to the English king and Parliament should exercise more 
arbitrary power than any Englishman since Oliver Crom- 
well, and that many of his acts should be worthy of a 
Tudor." 

President Lincoln, it is true, exercised powers which, 
if attempted by a weaker man, or at another time, might 
have proved dangerous to the liberties of the people. 2 This 
he did through his interpretation of Clause I, Section 2. 

The President shall be commander-in-chief of the army 
and navy of the United States, and of the militia of the 
several States when called into the actual service of the 
United States ; lie may require the opinion, in tvriting, of 
the principal officer in each of the executive departments, 
tipon any subject relating to the duties of their respective 
offices, and he shall have poiver to grant reprieves and par- 
dons for offences against the United States, except in cases 
of impeachment. 

1 James Ford Rhodes, Scribner's Magazine, February, 1903. 

2 For the suspension of the privilege of the writ of habeas corpus, see p. III. 

131 



132 THE NATIONAL GOVERNMENT. 

Reprieves and Pardons. — The ordinary powers of the 
President are also important. 1 One of the greatest is the 
power to grant reprieves and pardons. A reprieve is the 
temporary suspension of the execution of a sentence. By 
means of a reprieve, the President may gain time to look 
into the evidence more carefully. Complete release 
from a sentence is secured by a pardon. 2 

Treaty-making Power. — Section 2, Clause 2. He shall 
have power, by and with the advice and consent of the 
Senate, to make treaties, provided two-thirds of the senators 
present concur. 

While the power to conclude treaties seems to be without 
restriction, it is implied that no treaty shall in any way 
interfere with the authority of the Constitution. The 
usual steps in the negotiation of treaties are as follows : 
(1) In time of peace they are conducted at the capital 
of the nation that begins the negotiation. If this is in 
Washington, the terms are considered by the Secretary of 
State and the minister of the other nation ; if in a foreign 
capital, our minister acts under instructions sent him by 
the Secretary of State. At times, one or more special 
ministers are sent abroad for the purpose of negotiating a 
treaty. (2) In time of war, the minister of the nation with 
which we are at war leaves the United States. The 
interests of his nation are then intrusted to the minister of 
some neutral power, and through this minister negotiations 

1 For the power of the President over legislation by means of the veto, 
see pp. 80-81. 

2 President Harrison was called upon to consider 779 requests for pardon. 
Of these, 527 were granted, wholly or partially. President Cleveland acted 
on 907 such cases, and granted 506, in whole or in part. 



POWERS AND DUTIES OF THE PRESIDENT. 133 

for peace are usually begun. (3) The treaty of peace at 
the close of a war is generally negotiated in some neutral 
country by special commissioners appointed by the nations 
at war. 

In all cases, the President exercises general control 
over the negotiation and framing of treaties. After an 
agreement has been reached, the treaty is sent to the 
Senate. It is discussed in executive or secret session. 
This means that the treaty and all matters pertaining to it 
are kept secret until, by a resolution, the Senate allows the 
discussion to be made public. The Senate may approve, re- 
ject, or modify the terms. If amendments are made, they 
must be agreed to by the President and by the other nation 
interested. When a treaty has been finally approved by the 
officials of both countries, duplicate copies of it are made 
on parchment. Both of these copies are signed by the 
chief officers of each country, and the copies are then 
exchanged. This is called the " exchange of ratification." 
An official copy of the treaty is thus secured by each 
nation. The President then publishes the treaty accom- 
panied by a proclamation, in which it is declared to be a 
part of the law of the land. 

If the terms of a treaty call for the payment of money by the 
United States, the necessary amount can be appropriated only by an 
Act of Congress. The House of Representatives may refuse to give its 
sanction to such an appropriation, and may thus prevent the treaty 
going into effect. 

Power of Appointment. — When it is considered that the 
President has the nominal power of appointing over 200,000 
persons to office, we can readily see that this comprises 
one of his chief powers. His right to select office-holders 



134 THE NATIONAL GOVERNMENT. 

is granted in Section 2, Clause 2. He shall nominate, 
and by and with the advice and consent of the Senate, 
shall appoint Ambassadors, other public ministers and 
Consuls, Judges of the Supreme Court, and all other officers 
of the United States, whose appointments are not herein 
otherwise provided for, and which shall be established by 
law ; but the Congress may by law vest the appointment of 
such inferior officers, as they think proper, in the President 
alone, in the courts of law, or in the heads of departments. 

Vacancies. — Section 2, Clause 3. The President shall 
have power to fill up all vacancies that may happen 
during the recess of the Senate, by granting commissions 
which shall expire at the end of their next session. 

Presidential Appointments. — It would be quite impos- 
sible for the President, personally, to oversee all of these 
appointments, and so a large percentage of them is made 
by officials in the different departments. There are, 
besides the ambassadors, consuls, and judges of the 
Supreme Court, some 7000 so-called Presidential officers, 
whose appointments must receive the sanction of the 
Senate. More than one-half of these are postmasters of 
the first class. 1 Among the most important of these 
officers are the Cabinet, interstate commerce commis- 
sioners, district attorneys, and all military and naval 
officers whose appointment is not otherwise ordered by 
law. 

Official Patronage. — In making his appointments, the President is 
largely dependent upon the advice of the head of that department un- 
der whose direction the officer will come, or upon the recommendation 
of the representatives and senators of his party from the State in which 

1 Those who receive an annual salary of $1000 and above. 



POWERS AND DUTIES OF THE PRESIDENT. 135 

the office is located. This official patronage, through which political 
assistants in a State may be rewarded with a Federal office, has become 
so burdensome that many Congressmen complain of it and desire to be 
freed from its exactions. 

Senatorial Courtesy. — There has grown up an almost invariable 
custom, known as senatorial courtesy. This demands that if the office 
to be filled is located in a State, the appointment be not confirmed un- 
less it receives the sanction of one or both of the senators of the State 
concerned, provided they are members of the same political party as 
the President. 

Action of the Senate on Nominations. — All of the nominations sent 
by the President to the Senate are submitted to appropriate commit- 
tees, as, postmasters to the Post Office Committee, ambassadors to the 
Committee on Foreign Affairs. The report of the committee is con- 
sidered in secret session, and the nomination is then voted on. If the 
vote is adverse, the President must make another nomination. 

The Spoils System. — During the first forty years of our 
government there were only seventy-four removals from 
office. The opinion was general that there were a large 
number of strictly non-political offices in the departments 
and elsewhere, the holders of which should be regarded as 
agents or clerks whose duty it was to assist in carrying 
on the business of government. Therefore the best results 
could be secured, it was believed, only as these positions 
should be filled by persons the most competent, who might 
hope to retain the office so long as they gave efficient ser- 
vice. But with the coming in of President Jackson the 
"spoils system" was introduced. This system, in prac- 
tice, provides that political workers belonging to a victorious 
party may, as far as possible, receive reward for their ser- 
vices in the shape of some office. " To the victors belong 
the spoils of the enemy " is the familiar motto of those 
who have advocated this system. During the first year of 



136 THE NATIONAL GOVERNMENT. 

President Jackson's administration 2000 officials were de- 
prived of their offices, and friends of the administration 
were put in their positions. From that time there has 
been great pressure on every new President similarly to 
reward his followers. 

Civil Service Reform. — While the evils had been pointed 
out at various times, little was done to remedy the spoils 
system until Congress, in 1883, passed the Civil Service 
Law, known as the Pendleton Bill. It provides for a Civil 
Service Commission of three members, not more than two 
of whom may belong to the same political party. This 
commission gives competitive examinations, which are re- 
quired for testing the fitness of applicants for certain posi- 
tions in the public service. The number of offices originally 
included under the act was about 14,000. The President 
is given the power to direct the further extension of the 
" classified service," that is, those positions that are to be 
filled by persons who have passed the best examinations. 
In 1902 there were over 120,000 classified offices. 1 While 
much has been accomplished, during the past twenty years, 
toward reforming civil service appointments, it is to be 
hoped that a large number of the unclassified offices 
will, at an early date, be placed on the list to be filled 
only after examination. 2 The National government may 

1 Nineteenth Report of the United States Civil Service Commission, 1901- 
1902, p. 22. 

2 In 1902 there were 116,000 offices unclassified or excepted, some 72,000 
of which were fourth-class post offices. During the year 1901-1902, the 
civil service rules providing for competitive examinations were extended by 
order of the President or by Act of Congress so as to include the rural free 
delivery service, employees of the permanent census bureau, and additional 
employees made necessary because of the war with Spain. 



POWERS AND DUTIES OF THE PRESIDENT. 1 37 

thus further assist in the movement for like reforms already 
so well begun in some of our States and cities. 

Duties of the President. — Section 3. He shall, from 
time to time, give to tJie Congress information of the state 
of the Union, and recommend to their consideration such 
measures as he shall judge necessary and expedient ; he may, 
on extraordinary occasions, convene both houses, or either 
of them, and in case of disagreement betiveen them, with 
respect to the time of adjournment, he may adjourn them to 
such time as he shall think proper ; Jie shall receive Ambas- 
sadors and other public ministers ; lie shall take care that 
the laws be faithfully executed, and shall commission all 
the officers of the United States. 

Presidential Messages. — By means of the annual mes- 
sage sent to Congress at the opening of the session, and 
special messages on particular occasions, the President is 
enabled to call attention to the legislative needs of the 
country. The plan of having a message read in each 
House by the clerk or secretary was introduced by Presi- 
dent Jefferson. Presidents Washington and Adams ad- 
dressed, in person, Congress assembled in joint session. 
Various reasons have been alleged for this change. Presi- 
dent Jefferson was a poor speaker, and it is said that he 
regarded the formal address as monarchical. 

Enforcement of the Laws. — The most important duty 
of the President is to see that all laws passed by Congress 
are faithfully executed. Laws are useless unless they are 
enforced, and it is chiefly for the performance of this task 
that the Executive was originally created. It is not con- 



138 THE NATIONAL GOVERNMENT. 

templated that this duty shall be performed by him in 
person, but through officials who are directly responsible 
to him. The United States marshals and their deputies 
exercise a wide influence in seeing that the laws are en- 
forced. They usually act under an order from a United 
States court, but may, at times, act without such a writ. 
If necessary, the President may send the army and navy 
of the United States or call out the militia of the States to 
overcome any resistance to federal law. 

Each State possesses the power of enforcing its own laws and is of 
right protected in the exercise of this prerogative. In case of an insur- 
rection, however, the State militia is sent by order of the Governor to 
suppress it. Should they fail to restore order, the Legislature, or the 
executive (when the Legislature cannot be convened), applies to the 
President for military aid. 1 If the uprising has interfered in any way 
with the carrying out of the laws of the nation, the President may, at 
his discretion, send troops to suppress it without having been asked to 
do so by the Legislature or the Governor. There was a notable illus- 
tration of this point during the time of the Chicago riots, in July, 1894. 

President Cleveland vs. The Governor of Illinois. — In addition to 
destroying property belonging to the railways centering in Chicago, the 
striking employees prevented the free movement of the trains. Mr. 
Altgeld, then Governor of Illinois, did not provide against these abuses, 
and President Cleveland ordered the United States troops under General 
Miles to suppress the rioting. The President, who was severely criti- 
cised by Mr. Altgeld, justified his sending the troops on the following 
grounds: (1) that the processes of the federal courts could not be 
executed ; (2) that the transportation of the United States mails was 
obstructed; and (3) that the laws on interstate commerce were not 
enforced. 

The United States Supreme Court took the same position as Presi- 

1 Article IV, Section 4. The United States shall guarantee to every State 
in this Union a republican form of government, and shall protect each of them 
against invasion; and on application of the legislature, or the executive (when 
the legislature cannot be convened), against domestic violence. 



POWERS AND DUTIES OF THE PRESIDENT. 139 

dent Cleveland in a case which grew out of these riots. Mr. Justice 
Brewer, in delivering the opinion of the court, said : "We hold that the 
government of the United States is one having jurisdiction over every 
foot of soil within its territory and acting directly upon each citizen ; 
that while it is a government of enumerated powers, it has within the 
limits of those powers all the attributes of sovereignty ; that to it is com- 
mitted power over interstate commerce and the transmission of the 
mails, and that these powers have been assumed and put into practical 
exercise by the legislation of Congress." 

SUPPLEMENTARY QUESTIONS AND REFERENCES. 

1. What have been some of the most important treaties entered into 

on the part of the United States ? 

2. For the treaty made at the close of the Spanish-American War, 

see Rev. of R's, 18: 258, 371, 515, 631; 19 : n, 261, 262, 266, 267. 

3. In what ways may a treaty be abrogated ? Harrison, This Country 

of Ours, 140, 141. 

4. May a President have many of the privileges of private life ? 

Harrison, This Country of Ours, 177-180. 

5. What are some of the official cares of the President? Harrison, 

This Country of Ours, 162-177. 

6. The Overworked President, McClure's Mag., 28 : 483-492 ; Rev. of 

R's, 25 : 464-466. 

7. Secure a copy of the last report of the Civil Service Commission. 

and also Manual of Examinations for the Classified Service of 
the United States, and look up the following : — 

a. How many persons are included in the civil service of the 

United States ? 

b. What proportion of them is included in the classified 

service ? 

c. Does the law of 1883 seem to have brought about satis- 

factory results ? 

d. What offices have been included in the extensions of the 

Civil Service Law ? 

e. What is the nature of the questions asked in the exami- 

nations ? 

8. The Fifteenth Annual Report of the Commission (pp. 443-485) 

contains an account of the appointments and removals by 



140 THE NATIONAL GOVERNMENT. 

the various Presidents from 1789 to 1883. Also an account 
of the growth of civil service reform in the States and cities 
of the United States, pp. 489-502. 
9. May a man be fitted for political preferment and not be competent 
to pass an adequate examination ? 

10. For other articles on civil service reform, see (a) The Civil Ser- 

vice and the Merit System, Forum, 27 : 705-712. (/;) Some 
Popular Objections to Civil Service Reform, Atl. Mo., 65 : 433- 
444; 671-678. (c) Roosevelt, An Object Lesson in Civil Ser- 
vice Reform, Atl. Mo., 67 : 252-257. (d) George William Curtis 
and Civil Service Reform, Atl. Mo., 75 : 15-24. (e) Rice, Im- 
provement of the Civil Service, N. Am. Rev., 161:601-611. 
(/) Roosevelt, Present Status of Civil Service Reform, Atl. 
Mo., 75:239-246. (g) Roosevelt, Six Years of Civil Service 
Reform, Scribner's Mag., 18:238-247. (Ji) The purpose of 
Civil Service Reform, Forum, 30 : 608-619. 

11. What was the Tenure of Office Act of 1867? Why did it become 

of great importance ? Is it still in force ? Wilson, Division 
and Reunion, 267, 270-271, 297; Harrison, This Country of 
Ours, 101-103. 

12. What were the chief points discussed in the President's last 

annual message ? 



CHAPTER XV. 
THE CABINET. 

Formation of Departments. — The Constitution nowhere 
mentions the President's Cabinet. It was taken for 
granted, however, that departments similar to those found 
in the Cabinet would be formed. The Constitution declares 
that the President " may require the opinions in writing of 
the heads of the executive departments," and again, that 
" Congress may vest the appointment of certain inferior 
officers in the heads of these departments." 

In 1789 the first Congress created the Departments of 
State, War, and Treasury, also the office of Attorney- 
General. President Washington's Cabinet consisted of 
the officials whom he appointed to fill these four positions. 
The Navy Department was added in 1798. While a Post- 
Office Department was established in 1794, the Postmaster- 
General was not made a member of the Cabinet until 1829. 
In 1849, the Interior Department was created by grouping 
under it certain duties which had belonged to other de- 
partments. The Department of Agriculture was made a 
Cabinet position in 1889. In 1903 the Department of 
Commerce and Labor was authorized by an act of Con- 
gress. Members of the Cabinet receive an annual salary 
of $8000. 

The President and his Cabinet. — One of the first official 
acts of a President is to send to the Senate, for its 

141 



142 THE NATIONAL GOVERNMENT. 

approval, the names of the men whom he desires shall 
constitute his Cabinet. This is now a mere formality. 
The President is himself the one most interested in the 
success of his administration and is of right given complete 
freedom in selecting his immediate advisers. While the 
views of the members of the Cabinet usually have weight 
with the President, he is not obliged to take their advice. 
Indeed, in some instances the President has carried out a 
line of action which was against the wishes of the secretary 
of the department affected. 

The Department of State. 

The Secretary of State. — • The Secretary of State is 
commonly called the head of the Cabinet. He is first in 
rank at the Cabinet table, and occupies the seat of dignity 
at the right of the President. Under the direction of the 
President he conducts all negotiations relating to the for- 
eign affairs of the nation ; carries on the correspondence 
with our representatives in other countries ; receives the 
representatives of foreign powers accredited to the United 
States, and presents them to the President. Through him, 
the President communicates with the executives of the 
different States. He has charge of the treaties made with 
foreign powers, and negotiates new ones. He has also in 
his keeping the laws of the United States and the great 
seal which he affixes to all executive proclamations, com- 
missions, and other official papers. 

The Diplomatic Bureau. — The United States, in common 
with other nations, sends representatives to the foreign 
capitals. They are the agents through whom the Secre- 



THE CABINET. 143 

tary of State communicates and negotiates with other 
powers. Such affairs are conducted through the Diplo- 
matic Bureau. The United States has now about thirty-five 
ambassadors and ministers. Our representatives at the 
courts of England, France, Germany, Russia, Italy, Aus- 
tria, and Mexico are known as ambassadors. The am- 
bassadors to the first four countries receive a salary of 
$17,500 each. 

The social demands made upon our Ambassadors are great, and they 
are also obliged to provide for their places of residence. The salaries 
paid are not sufficient to meet these necessary expenses, and are small in 
comparison with those paid by the European nations to officers of the 
same rank. Thus, the English Ambassador at Washington receives a 
salary of $32,500. Besides the English, the German, the Japanese, and 
some other nations have provided houses for their legations. 

The Consular Bureau. — A consul is sent by the United 
States to each of the chief cities in the consular districts 
into which foreign countries are divided by our State 
Department. These consuls, of whom there are three 
grades, Consuls-General, Consuls, and Consular Agents, 
look after the commercial interests of the United States in 
those districts. They make monthly reports on improve- 
ments in agricultural and manufacturing processes. These 
reports also give information regarding good markets for 
our products and of the best markets in which to purchase 
foreign products. 1 Consuls care for destitute American 
sailors and protect the interests of our citizens in foreign 
countries. In some of the non-Christian nations, such as 

1 Among scores of similar subjects, our consuls reported in 1900 on the fol- 
lowing : American goods in Syria ; American commerce with Asia Minor and 
eastern Europe ; German opinion of American locomotives ; American coal 
in Germany ; Europe and American competition. 



144 THE NATIONAL GOVERNMENT. 

China and Turkey, they also have jurisdiction over all 
criminal cases in which any American citizen may be a 
party. The importance of such services to our country is 
self-evident. The appointment of these 765 officials, to- 
gether with their subordinates, is usually secured under 
party pressure. It would have a wholesome influence on 
our rapidly developing commercial interests were these 
positions placed in the classified service. 1 

The Department of the Treasury. 

The Secretary of the Treasury. — The Department of 
the Treasury is the most extensive and complex of the 
executive departments. In general, the Secretary of the 
Treasury has charge of the finances of the nation. He is 
required to prepare plans for the creation and improvement 
of the revenues and the public credit and to superintend 
the collection of the revenue. He gives orders for all 
moneys drawn from the Treasury in accordance with 
appropriations made by Congress, and submits an annual 
report to Congress which contains an estimate of the 
probable receipts and expenditures of the government. 

The Auditors. — It is very important that the accounts of the govern- 
ment should be carefully scrutinized, and one of the six auditors con- 
nected with the Treasury Department must pass upon the accounts of 
every public officer who pays out money. Thus, the Auditor for the 
Treasury Department examines all accounts of salaries and incidental 
expenses of the office of the Secretary of the Treasury and all other 
offices under his immediate direction, such as the Treasurer and Directors 
of the Mints. 

The Treasurer. — All the money of the United States is under the 
care of the Treasurer. He receives and pays it out upon the warrant of 

1 See report Civil Service Commission, 1901-1902, p. 32. 



THE CABINET. 145 

the Secretary of the Treasury or a designated assistant, redeems the 
notes of the National banks, and manages the Independent Treasury 
System. This system renders the Treasury Department practically 
independent of the banks of the country. It includes the Treasury at 
Washington and sub-treasuries, each in charge of an assistant treas- 
urer at Boston, New York, Philadelphia, Baltimore, Cincinnati, Chi- 
cago, St. Louis, New Orleans, and San Francisco. While the greater 
part of the money belonging to the government is found in these places, 
about two hundred National banks have also been designated as public 
depositories. 

The Chief of the Bureau of Engraving and Printing. — The Bureau x 
of Engraving and Printing is one of the largest in the department and 
employs about 1600 people. It has been said that the products of this 
bureau, in the course of a single year, represent a sum equal in value to 
all the money in circulation in the United States ; for here the engraving 
of the plates and the printing of all the United States circulating notes, 
bonds, revenue stamps, and postage stamps are done. 

Other Officers of the Treasury Department. — Among the 
other leading officials of the Treasury Department are : 
Comptroller of the Currency, Commissioner of Internal 
Revenue, General Superintendent of the Life-saving Ser- 
vice, Solicitor of the Treasury, Supervising Surgeon- 
General, and Supervising Architect. 

The Life-saving Service. — This is one of the most important offices 
in the Treasury Department. More than 2000 men are employed in 
the 264 stations, located generally at danger points on the oceans and the 
Great Lakes. Out of the 3987 lives imperiled in the year 1898 in the 
disasters on water, only 22 were lost. 2 Of the property involved, which 
was valued at $7,368,000, 88 per cent was saved. It has been estimated 
that 225,000 lives have been saved through this service since it was 
founded in 1848. 

The Solicitor of the Treasury. — The Solicitor of the Treasury is 
the law officer of the department, and has charge of all prosecutions 

1 The work of each department is usually distributed among the bureaus. 
Bureaus are again divided into divisions. At the head of each bureau is a 
commissioner, and of each division a chief. 

2 Finance Report, 1898, lxxxiv. 

L 



146 THE NATIONAL GOVERNMENT. 

by the government arising out of the counterfeiting of the government 
securities, or of the infringement of customs revenue, and of all suits for 
the collection of moneys due the United States, except those due under 
the internal revenue laws. 

The Supervising Surgeon-General. — The Supervising Surgeon-Gen- 
eral superintends the twenty-two marine hospitals where our sick sailors 
are cared for ; conducts the quarantine service of the United States ; 
and directs the laboratories for the investigation of the causes of conta- 
gious diseases. 

The War Department. 

The Secretary of War. — The Secretary of War, under 
the direction of the President, has charge of the military 
affairs of the government. He supervises all estimates of 
appropriations for the expenses of the department. 1 He 
has under his supervision also the military academy at 
West Point, all national cemeteries, and river and harbor 
improvement. The chiefs of the eleven bureaus are regu- 
lar army officers. 

The Adjutant-General. — The Adjutant-General issues orders for the 
muster of troops and for their movement, conducts the correspondence 
of the department, and keeps the records. 

The Inspector-General. — The Inspector-General examines and re- 
ports on all places where United States troops are stationed ; on pub- 
lic works carried on by army officers ; and on the military academy and 
prisons. 

The Quartermaster-General. — Under direction of the Quartermaster- 
General the army is transported, clothed, and equipped. 

The Chief of Ordnance. — Arms are supplied by the Chief of Ord- 
nance. The arms used are manufactured chiefly in the United States 
arsenals. The arsenals at Springfield, Mass., and Rock Island, 111., 
manufacture rifles and carbines ; and that at West Troy, N.Y., cannon 
and mortars. 

1 The annual appropriation by Congress for the army alone in 1903 
amounted to $78,138,752. 



THE CABINET. 147 

The United States Military Academy. — The United States Military 
Academy at West Point was founded in 1802. The corps of cadets is 
made up of one cadet from each of the Congressional districts, one from 
each of the Territories and the District of Columbia, and one hundred 
from the United States at large. Prior to the year 1900 there were only 
ten cadets at large. The act of that year also provided that thirty cadets 
were to be named by the President directly and the remainder appor- 
tioned among the States. They all receive their appointments from 
the President, but it has become the custom for the representatives 
and delegates to select (usually after a competitive examination) those 
from the Congressional districts and the Territories. The cadet must 
be between seventeen and twenty-two years of age. Each receives 
$540 a year during the four years of his course. Upon graduation, the 
cadets are commissioned as second lieutenants in the United States 
army. In case there are more graduates than vacancies, those in excess 
are honorably discharged with the payment of one year's salary. 

The Navy Department. 

The Secretary of the Navy. — The duties of the Secre- 
tary of the Navy pertain to the construction, manning, 
arming, equipping, and employment of war-vessels. 1 

The United States Naval Academy. — The naval academy at An- 
napolis was established in 1846. One cadet is allowed in the naval 
academy for each member or delegate of the House of Representatives, 
one for the District of Columbia, and ten at large. Candidates for 
admission, at the time of their examination, must be between the ages 
of fifteen and twenty years. The nomination of a candidate to fill a 
vacancy is made upon recommendation of a representative or delegate 
if made before July 1 ; but if no recommendation be made by that time, 
the Secretary of the Navy fills the vacancy by appointing an actual resi- 
dent of the district in which the vacancy exists. The President selects 
the candidates at large and the cadet for the District of Columbia. At 
the conclusion of the six years 1 course, two of which are spent at sea, the 

1 The appropriation for this department in 1903 was $81,877,291. 



148 THE NATIONAL GOVERNMENT. 

graduates are assigned in order of merit to the vacancies that may have 
occurred in the lower grades of the line of the navy and of the marine 
corps. Cadets who are not assigned to service after graduation are 
honorably discharged and are given $500, the amount they have re- 
ceived each year of their course at the academy. 



The Department of Justice. 

The Attorney-General. — The Attorney-General is the 
legal adviser of the President and of the heads of the 
departments. He supervises the work of all the United 
States district attorneys and marshals, and is assisted by 
the Solicitor-General. Unless otherwise directed, all cases 
before the Supreme Court and the Court of Claims in 
which the United States is a party are argued by the 
Attorney-General and the Solicitor-General. 

The Post Office Department. 

The Postmaster-General. — The Postmaster-General is 
at the head of this department. He appoints all of the 
officers of the department with the exception of the four 
assistant postmasters-general and postmasters of the first 
class, whose appointments are made by the President with 
the consent of the Senate. The Postmaster-General may, 
with the consent of the President, let contracts and make 
postal treaties with foreign governments. 

The Postal Union. — Since 1891 the United States has been a mem- 
ber of the Universal Postal Union. By this union over fifty distinct 
powers became parties to an agreement by which uniform rates of post- 
age were agreed upon and every facility for carrying mails in each 
country was extended to all the others. 



THE CABINET. 1 49 

The Department of the Interior. 

The Secretary of the Interior. — The Interior Department, 
under the supervision of the Secretary of the Interior, is 
one of the most complex and important of the departments. 
There are two assistant secretaries in the department, 
while at the head of the other offices are six commissioners 
and two directors. 

The Commissioner of the General Land Office. — The Commissioner 
of the General Land Office has charge of all the public lands of the 
government, and supervises the surveys, sales, and issuing of titles to 
this property (see p. 169). 

The Commissioner of Education. — The Commissioner of Educa- 
tion is the chief of the Bureau of Education. This bureau has charge 
of the collection of facts and statistics relating to the educational sys- 
tems and to progress along educational lines in the several States and 
Territories, and also in foreign countries. The reports issued by the 
bureau are of great value to those interested in education. The com- 
missioner has advisory power only, except in Alaska. Here he directs 
the management of the schools. 

The Commissioner of Pensions. — The Commissioner of Pensions 
supervises the examination and adjustment of all claims arising under 
the laws of Congress granting bounty land or pensions on account of 
services in the army or navy during the time of war. That our govern- 
ment has not been ungrateful may be gathered from the report of the 
commissioner for 1902. There were in that year 999,446 pensioners, to 
whom were paid approximately $140,000,000, or an amount equal 
to 24 per cent of the total revenues of the government. 

The Commissioner of Indian Affairs. — Prior to 1871 the Indian 
tribes were treated as independent nations by the United States, but by 
a law of that year the general government was made the guardian of 
their interests. The Commissioner of Indian Affairs exercises a pro- 
tecting care over these "wards" by directing the work of the Indian 
agents and of the superintendents of Indian schools. 



150 THE NATIONAL GOVERNMENT. 

There are some 145,283 Indians on the 177 reservations which are 
in the various States and Territories. 1 The lands of these reservations 
are held in common ; that is, the ownership is tribal rather than individ- 
ual. It is the policy of the government, however, to bring about the 
allotment of lands " in severalty," and thus to encourage the Indians to 
adopt an agricultural life. The Indians are only partially self-supporting. 
Some tribes derive an income from funds which are the proceeds derived 
from the sales and cessions of their lands. The National government 
holds this money in trust for them, and, by direct appropriation, supplies 
the money, food, and clothing necessary to complete their support. 
The appropriation for the Indians in 1903 was $8,512,950. Over one- 
fourth of this sum was spent for their education in Indian schools, num- 
bering nearly 300, which are under the direct control of the department. 

The Director of the Geological Survey. — The Director of the Geo- 
logical Survey collects much valuable information through the exami- 
nation of the geological structure, mineral resources, and mineral 
products of the United States. He has charge, also, of the survey 
of the forest reserves. 

The Department of Agriculture. 

The Secretary of Agriculture. — The duties of the Secre- 
tary of Agriculture are, " To acquire and diffuse among 
the people of the United States useful information on sub- 
jects connected with agriculture in the most comprehensive 
sense of that word." The activities of the department are 
along many lines, as indicated by the names of the bureaus 
and divisions. 

Bureau of Animal Industry. — Continuous advancement is being 
made by the government toward placing the agricultural pursuits upon 
a more scientific basis. One of its most important services is performed 
in the Bureau of Animal Industry, which inspects the greater part of 

1 Census of 1900. This number does not include the Indians found in the 
Indian Territory. According to this census the total number of Indians then 
in the United States was 331,000. 



THE CABINET. 151 

the meat products exported to European countries. The law providing 
for this inspection was necessary because of the claim in European 
markets that diseased meats were shipped from the United States. An 
inspection is also provided for live animals intended for exportation and 
for animals imported. Much scientific work is also devoted to a study 
of the various diseases of animals. 

The Division of Seeds. — Over $ 100,000 are expended each year by 
the Division of Seeds in the purchase of " rare and valuable " seeds, 
bulbs, and plants. These are distributed free throughout the country 
for the purpose of fostering the introduction of new and more valuable 
crops. 

Public Road Inquiries. — Another important interest is carried on by 
the Office of Public Road Inquiries. Here experiments are made with 
regard to the best system of road-making and the best materials to be 
used for that purpose. 

Weather Bureau. — Through the Weather Bureau daily forecasts and 
warning of storms are sent to over 50,000 different points, and storm 
signals are displayed at 300 places on our coasts. By its operation, 
millions of dollars are saved each year to the agricultural and maritime 
interests of the country. A recent decree of the Post-Office Department 
renders the reports of the bureau of still greater service. Slips of 
paper having the storm, frost, or other warnings printed on them are 
distributed by the rural mail carriers at the various houses in the dis- 
tricts affected. 

The Department of Commerce and Labor. 

Nature of the Department. — Because of the nature of 
the subjects assigned to this new department, it will 
rapidly become one of the most important of the de- 
partments. At the head of the department is a secre- 
tary. Strictly speaking, there have been only two bureaus 
created for the department, the others having been trans- 
ferred from the other departments. The new bureaus are 
those of Corporations and of Manufactures. The Com- 
missioner of Corporations is expected to investigate the 



152 THE NATIONAL GOVERNMENT. 

organization, conduct, and management of the business of 
corporations and other combinations engaged in interstate 
commerce, and to see that all anti-trust laws enacted by 
Congress are enforced. The duties of the Commissioner 
of Manufactures, as defined by the law, are " to foster, pro- 
mote, and develop the various manufacturing industries ot 
the United States and markets for the same at home and 
abroad by gathering, compiling, publishing, and supplying 
all available and useful information concerning such indus- 
tries and such markets, and by such other methods and 
means as may be prescribed by the secretary or provided 
by law." The President is given the power to transfer to 
the department those bureaus in other departments which 
are engaged in scientific or statistical work, the Interstate 
Commerce Commission and the scientific divisions of the 
Agricultural Department being excepted. The offices 
which have been transferred are as follows : the Bureau 
of Statistics ; Census and Immigration bureaus ; Bureau of 
Foreign Commerce of the State Department; the Bureau 
of Standards of Weights and Measures ; Bureau of Naviga- 
tion and the Shipping Commissioners ; the Steamboat In- 
spection Service ; Fish Commission ; Coast and Geodetic 
Survey, and Lighthouse Board. 

The Chief of the Bureau of Statistics. — The Chief of the Bureau of 
Statistics collects and publishes the annual statistics on commerce. 
These reports are of such a character that they are invaluable to the 
President in the preparation of his messages ; and they are used exten- 
sively by the heads of departments, members of Congress, and the 
public. Tariff laws, special legislation for particular industries, and all 
international trade treaties are also based on these compilations. The 
greatest demand is for the Annual Statistical Abstract, which pre- 
sents in a condensed form the history of the commerce of the United 
States for a number of preceding years. 



THE CABINET. 1 53 

The Commissioner of Immigration. — The Commissioner of Immi- 
gration superintends the work done by the inspectors of immigrants. 
Every immigrant must undergo a rigid examination in order to ascertain 
whether he belongs to any of the prohibited classes. 1 Each immigrant 
must pay a tax of one dollar, which sum is used to pay the expenses of 
the bureau. The work of the Census Bureau was described on pages 
55-56. 

The Superintendent of the Coast and Geodetic Survey. — This 
officer superintends the survey of the coasts and rivers of the United 
States. He has charge of the publication of charts and sailing direc- 
tions which are of inestimable value to mariners. 

The Lighthouse Board. — The Lighthouse Board has charge of the 
lighthouses, of which 1 199 had been established previous to the year 
1899, besides the light vessels and beacons used for the protection of 
navigation. 

SUPPLEMENTARY QUESTIONS AND REFERENCES. 

1. Does the President select the members of his Cabinet from among 

former members of Congress ? Would this be desirable ? 

2. Have the members of the Cabinet ever been allowed to appear be- 

fore Congress in the interests of their own departments ? Would 
this be desirable ? Walker, The Making of the Nation, 92 ; Bryce, 
American Commonwealth, I, Chapter 9; Atl. Mo. 65 : 771-772. 

3. Who are now the heads of the executive departments ? Were 

they prominent in National affairs before they were selected for 
these positions? 

4. In 1901 a bill was introduced in the House of Representatives 

which provided for an increase of the annual salary of the Vice- 
President to $25,000, and that of each member of the Cabinet 
to $15,000. What reasons can you give for or against such a 
change ? 

1 Three thousand two hundred and twenty-nine immigrants were debarred 
in 1897 out of 229,299 immigrants seeking admission to the United States. 
In 1899 there were 300,165 immigrants to the United States, and 3798 were 
refused admission. Of these there were 2599 paupers; 741 contract laborers; 
348 diseased persons; 82 assisted immigrants; 19 insane persons; 8 convicts; 
and I idiot. 



154 TH E NATIONAL GOVERNMENT. 

5. What was the history of the State Department prior to 1789? 

Harrison, This Country of Ours, 182-187. 

6. Give a list of the Presidents who have been Secretaries of State. 

How do you account for this policy in the first years of our 
government, and not at a later time ? Name some of the other 
prominent Secretaries of State. 

7. Who are our ambassadors ? Can you give the name of any for- 

eign ambassadors in Washington? See Congressional Directory. 

8. The methods by which our ministers are selected, take possession 

of their offices, and are presented at foreign courts, are described 
in Curtis, The United States and Foreign Powers, 15-21. 

9. The Duties of Ministers. Curtis, The United States and Foreign 

Powers, 22-26. 

10. Are our ambassadors given adequate salaries ? Curtis, The United 

States and Foreign Powers, 13, 14. 

11. From a consular report learn what the duties of a consul are. 

Curtis, The United States and Foreign Powers, 30-33. 

12. For an account of our consular service, a comparison with that 

of other nations, and a consideration of some of the weaknesses 
in our system, see Curtis, The United States and Foreign Powers, 
28-30. 

13. A Business Man and the Consular Service, Century Mag. 60 : 268- 

271. 

14. Abuses in our Consular System arising through Appointment, 

Atl. Mo. 85 : 455-466, and 669-683. 

15. A Plea for Consular Inspection, Forum, 30 : 28-34. 

16. What is the Great Seal of the United States, and what is its use? 

Harrison, This Country of Ours, 199-200. 

17. What is the particular work of the Marine Department? of the 

Steamboat Inspection Service ? of the Marine Hospital ? Lyman 
J. Gage, Organization of the Treasury Department, Cosmopoli- 
tan, 25 : 355-365- 

18. What is the work of the Bureau of Engraving and Printing? 

Spofford, The Government as a Great Publisher, Forum, 19: 

338-349- 

19. What is the extent of our merchant marine ? Should it be in- 

creased ? Statistical Abstract of the United States, 1900, 437- 
450- 



THE CABINET. 1 55 

20. From the Appendix to the last Finance Report get the chief points 

connected with the work of the following officials : Treasurer, 
Report, 1898, Appendix, 1-20; Chief of the Secret Service Divi- 
sion, 861-867. A good description of the Treasury Department 
is given in Scribner's Mag., 33: 400-411. 

21. From the last report of the Bureau of Statistics find answers for 

the following : The expenditures of the government in the differ- 
ent departments; value of merchandise imported and exported; 
amounts of coin, wheat, cotton, wool, and iron produced, im- 
ported, and exported; the chief nationalities of immigrants, 
and comparison of the total number with previous years. 

22. Are our coasts well defended? Harrison, This Country of Ours, 

225. 

23. Describe the work of the President, Secretary of War, Secretary of 

the Navy, and of the other Cabinet officers at the outbreak of 
war, Cosmop. 25 : 255-264. 

24. For illustrated articles on Education at West Point and Annapolis, 

see Outlook, 59 : 839-849, 825-837. 

25. Comparison of our Pension System with that of other Nations, 

Forum, 33 : 346-348. 

26. Defects in our Pension System, Forum, 31 : 670-680. 

27. Changing Character of the Immigration to the United States, 

Rev. of R's, 24 : 723, 724. 

28. Why the Chinese should be excluded, Forum, 33 : 53-59. 
2g. Why the Chinese should be admitted, Forum, 33: 50-68. 

30. Influence of the Allotment of Land on the Indian, Forum, 34 : 

466-480. 

31. Results of the Work of Experiment Stations, Scribner's Mag., 31 : 

643-660. 

32. For accounts of the new Congressional Library, see Century Mag., 

53: 682-694; 694-711; Atl. Mo., 85: 145-158; Cosmop., 23 : 10- 
20. 

33. What is the special value of the work of the Bureau of American 

Republics ? Forum, 30: 21-27. 
For other questions and references on the topics in this chapter con- 
sult Government in State and Nation, 299-302. 



CHAPTER XVI. 

THE NATIONAL JUDICIARY. 

Article III. 

Establishment of an Independent Tribunal. — Alexander 
Hamilton characterized the lack of a judiciary as the 
crowning defect of government under the Confederation. 
If we consider the nature of our present government, 
it is easily seen that some form of independent tri- 
bunal is necessary. We have a central government 
exercising complete control over National affairs and for- 
eign relations and, at the same time, the State governments 
with equally complete control over questions arising within 
their limits. If differences arise, then, as to the authority 
of National or State government over a given question, 
how are these disputes to be settled peaceably? After a 
brief discussion, the problem was answered in the Con- 
stitutional Convention by the formation of a federal 
judiciary. 

Organization of the Judiciary. — The organization of the 
judiciary is provided for as follows : Section I. The judi- 
cial power of the United States shall be vested in one Su- 
preme Coiirt, and in such inferior courts as the Congress 
may from time to time ordain and establish. The judges, 

156 



THE NATIONAL JUDICIARY. 1 57 

both of the Supreme and inferior courts, shall hold their 
offices during good behavior, and shall, at stated times, re- 
ceive for their services a compensation which shall not be 
diminished dtiring tlieir continuance in office. 

In 1789 Congress provided that the Supreme Court 
should consist of a Chief Justice and five Associates. 
Circuit and District Courts were also established. The 
Supreme Court at present consists of the Chief Justice and 
eight Associate Justices. It holds one session annually, at 
Washington, beginning on the second Monday in October 
and continuing until about May 1. 

District Courts. — The territory of the United States has been 
divided into judicial districts, none of them crossing State lines and each V 
having a District Court. New York and Texas have each four districts : 
Alabama, Indian Territory, Pennsylvania, and Tennessee three each ; 
Arkansas, California, Florida, Georgia, Illinois, Iowa, Kentucky, 
Louisiana, Mississippi, Michigan, Missouri, North Carolina, Ohio, Vir- 
ginia, Wisconsin, and West Virginia two each ; and the remaining States 
have each a single district.' New Mexico and Oklahoma constitute a dis- 
trict, and also Alaska, Arizona, and Hawaii. Generally there is a judge 
for each district, but a single judge is at times assigned to two districts. 

A District Attorney and Marshal are appointed by the President for 
each District Court. The United States District Attorney is required 
to prosecute all persons accused of the violation of Federal law and to 
appear as defendant in cases brought against the government of the 
United States in his district. The United States Marshals execute the 
warrants or other orders of the United States District and Circuit 
Courts and, in general, perform duties connected with the enforcement 
of the federal laws which resemble the duties of sheriffs under State 
laws. 

Circuit Courts. — Circuit Courts are next higher than the District 
Courts in the series of federal courts. The policy has been to have as 
many Circuit Courts as there are Justices of the Supreme Court. The 
areas of the circuits were determined by grouping several districts 
together ; thus, the seventh circuit includes the districts of Indiana, 
Northern and Southern Illinois, Eastern and Western Wisconsin. 



158 THE NATIONAL GOVERNMENT. 

Circuit Courts may be held by a Judge of the Supreme Court assigned 
to that circuit, by a Circuit Judge, or by the District Judge of the dis- 
trict in which the court is held, or by any two of these or by all of them 
sitting together. The law requires that the Justice of the Supreme 
Court shall attend court in each district of his circuit at least once in two 
years. Each of the circuits, the first and the fourth being excepted, has 
now (1903) three Circuit Judges. The increase in the number of cases 
to be tried before the Circuit Courts made the appointment of additional 
Circuit Judges necessary, and by the law of 1891, also, nine Circuit 
Courts of Appeals were established, for each of which an additional Cir- 
cuit Judge was provided. The Circuit Courts of Appeals consist of 
three Judges each, any two constituting a quorum. The Judges eligible 
to sit in one of these courts are : the Supreme Court Judge assigned the 
Circuit, the Circuit Judges, and the District Judges of the Circuit. 

The Court of Claims was established in 1855 and consists of a Chief 
Justice and four Associates. It holds an annual session in Washington. 

Terms and Salaries of the Judges. — That the judiciary- 
should be independent of parties and of other influences 
cannot be questioned. Hence the wisdom of the provision 
that United States judges shall hold their offices during 
good behavior and shall receive a compensation for their 
services which shall not be diminished during their con- 
tinuance in office. Judges of the United States courts are 
appointed by the President with the consent of the Senate. 

By an act of Congress of 1903, the salary of the Chief 
Justice was fixed at $13,000 per annum ; that of Associate 
Justices, $12,000; Circuit Judges, $7500; and District 
Judges, $6000. 

Jurisdiction of the National Courts. — ■ We are next to 
consider the jurisdiction of the several courts that have 
been described. 

Section 2, Clause 1. The judicial power shall extend to 
all cases, in law and equity, arising tinder this Constitution, 
the laws of the United States, and treaties made, or which 



THE NATIONAL JUDICIARY. 1 59 

shall be made, tmder their authority ; — to all cases affecting 
Ambassadors, other public ministers and Consuls ; — to all 
cases of admiralty and maritime jurisdiction ; — to contro- 
versies to ivhich the United States shall be a party ; — to 
controversies between ttvo or more States ; — between a State 
and citizens of another State ; — betzveen citizens of different 
States ; — between citizens of the same State claiming lands 
under grants of different States, and between a State, or the 
citizens thereof, and foreign states, citizens or subjects. A 
careful consideration of this clause shows the wide extent 
of the powers of the United States courts. It shows also 
the desirability of having all such cases under their juris- 
diction rather than under the authority of the State courts. 
Associate Justice Brewer wrote recently, with reference to 
the influence of the decisions of the Supreme Court on the 
history of the country : l " Its decisions have always been 
in harmony with and sustaining the proposition that this 
republic is a nation acting directly upon all its citizens, 
with the attributes and authority of a nation, and not a 
mere league or confederacy of States. The importance of 
this cannot be overestimated, and will be appreciated by 
all who compare the weakness of the old confederacy with 
the strength and vigor of the republic under the present 
Constitution." 

Suit against a State by a Citizen of Another State. — In the nota- 
ble case of Chisholm vs. Georgia in 1793, Chisholm, a citizen of North 
Carolina, began action against the State of Georgia in the Supreme 
Court of the United States. That court interpreted the clause as apply- 
ing to cases in which a State is defendant, as well as to those in which 
it is plaintiff. The decision was received with disfavor by the States, 

1 " The Supreme Court of the United States," Scribner's Magazine, Vol. 33 : 
275, 276. 



160 THE NATIONAL GOVERNMENT. 

and Congress proposed the Xlth Amendment to the Constitution, 
which was ratified in 1 798 and is as follows : — 

The judicial power of the United States shall not be construed to 
extend to any suit in law or equity, commenced or prosecuted against 
one of the United States, by citizens of another State, or by citizens or 
subjects of any foreign state. 

Original and Appellate Jurisdiction. — Clause 2. In all 
cases affecting Ambassadors, other public ministers and Con- 
suls, and those in which a State shall be party, the Supreme 
Court shall have original jurisdiction. In all the other cases 
before mentioned, the Supreme Court shall have appellate- 
jurisdiction, both as to law and fact, with such exceptions, 
and under such regulations as the Congress shall make. 

The Supreme Court has original jurisdiction in "all 
cases affecting Ambassadors, other public ministers, and 
Consuls, and those in which a State shall be a party." 
Original jurisdiction means that these cases may be begun 
in the Supreme Court. Other cases are brought to the 
Supreme Court from the inferior United States courts or 
from the supreme courts of the States and Territories by 
appeal. In such cases the Supreme Court is said to have 
appellate jurisdiction. 

Jurisdiction of the Inferior Courts. — It is difficult in 
brief space to define minutely the province of each court. 
The following accounts, therefore, give only a general 
description : — 

The Circuit Courts of Appeals are given final jurisdiction in certain 
cases appealed to them from the District and from the Circuit Courts, 
such as those arising under the patent, revenue, and criminal laws, as 
well as admiralty and other cases in which the opposing parties to a 
suit are an alien and a citizen, or are citizens of different States. The 
Supreme Court has thus been partially relieved from an overcrowded 



THE NATIONAL JUDICIARY. l6l 

docket. But jurisdiction in these cases may be assumed by the Supreme 
Court if it desires to do so. 

The Circuit Courts have jurisdiction of cases where the amount in- 
volved, exclusive of interest and costs, is at least $2000. Circuit 
Courts have original jurisdiction in patent and copyright cases, and in 
cases brought by the United States against National banks. They have 
exclusive jurisdiction in capital cases. " The jurisdiction of the District 
Courts embraces chiefly criminal cases, admiralty cases, bankruptcy 
proceedings, suits for penalties, and the like." 

The Court of Claims " shall hear and determine all claims founded 
upon any law of Congress, or upon any regulation of an executive de- 
partment, or upon any contract, express or implied, with the govern- 
ment of the United States, which may be suggested to it by a petition 
filed therein ; and also all claims which may be referred to said Court 
by either House of Congress. 1 ' 1 

Trial by Jury. — The right of trial by jury in all criminal 
cases had been insisted upon by Englishmen for centuries 
prior to the formation of our Constitution. There were 
two branches to the system, the grand and the petit juries. 
Each performed the same duties as they do now. The 
Constitution provides in Section 2, Clause 1, that 

The trial of all crimes, except in cases of impeachment, 
shall be by jury, and such trial shall be held in the State 
where the said crime shall have been committed ; but when 
not committed within any State, the trial shall be at such 
place or places as the Congress may by law have directed. 

This clause was attacked by the opponents of the Con- 
stitution in the State conventions. It was believed that 
the Constitution did not furnish adequate safeguards against 
unjust prosecutions. Because of this agitation, Congress, 
in its first session, proposed Amendments V, VI, VII, and 
VIII, which were duly ratified by the several States. 

Amendment V. No person shall be held to answer for 
1 10 Statutes at Larsre, 612. 



162 THE NATIONAL GOVERNMENT. 

a capital, or otherwise infamous crime, unless on a present- 
ment or indictment of a grand jury, etc} 

Authorities have had difficulty in giving an exact defini- 
tion of an infamous crime. That given by Judge Cooley 
is the most satisfactory. He says: "But the punishment 
of the penitentiary must always be deemed infamous, and 
so must any punishment that involves the loss of civil or 
political privileges." 

The Grand Jury. — A grand jury consists of from twelve 
to twenty-three men. They sit in secret, and no accusation 
can be made by them without the concurrence of at least 
twelve. An indictment is a written accusation of an offense 
drawn up by a prosecuting officer on behalf of the govern- 
ment and laid before the grand jury. " A presentment is 
an accusation by a grand jury of an offense upon their 
own observation and knowledge, or upon evidence before 
them, and without any bill of indictment laid before them 
at the suit of government." 2 In the case of a presentment, 
the party accused cannot be held to trial until he has been 
indicted. After hearing the evidence, if the grand jury 
concludes that the accusation is not true, they write on 
the back of the bill, " Not a true bill " or " Not found." 
The accused, if held in custody, is then given his freedom, 
but he may be again indicted by another grand jury. If 
the grand jury decides that the accusation is true, they then 
write on the back of the bill, "A true bill" or "Found." 
The indicted person must be held to answer the charges 
made against him. 

1 See Appendix A. 

2 Story, "Commentaries on the Constitution," § 1784. 



THE NATIONAL JUDICIARY. 163 

Rights of the Accused. — Amendment VI. In all crimi- 
nal prosecutions, the accused shall enjoy the right to a speedy 
arid public trial, by an impartial jury of the State and district 
wJierein the crime shall have been committed, etc. {see Ap- 
pendix A ). 

Amendment VII. In suits at common laiv, where the 
value in controversy shall exceed twenty dollars, the right of 
trial by jury shall be preserved, and no fact tried by a jury 
shall be otherwise reexa7nined in any court of the United 
States, than according to the rules of the common laiv. 

The accused must be given a public and speedy trial 
before an impartial jury, known as the petit jury, consist- 
ing of twelve men from the district wherein the crime was 
committed. The decision must be unanimous before a 
verdict can be rendered. The accused is given a copy of 
the indictment in which the nature of the accusation is 
clearly set forth and is granted time in which to prepare 
for his defense. Equally just and significant are the 
provisions that he shall be confronted by the witnesses 
against him, may compel the attendance of witnesses in 
his favor, and may employ counsel for his defense. In 
case he is not able to pay for his own counsel, the judge 
appoints one whose services are paid for out of the public 
treasury. If the verdict has been rendered by a jury and 
the judgment pronounced, the accused cannot be again 
brought to trial on the same charge. 

SUPPLEMENTARY QUESTIONS AND REFERENCES. 

1. What are the names of the members of the Supreme Court at 

present ? Congressional Directory. 

2. How large are the circuit and district in which your home is 

located ? Who are the judges ? Congressional Directory. 



164 THE NATIONAL GOVERNMENT. 

3. Under what conditions may a case be appealed from the Supreme 

Court of the State to the United States Supreme Court ? Bryce, 
American Commonwealth, I, 228-230 (232-234). 

4. How is the fact that conflicts between the authority of the Federal 

and the State Courts do not arise, accounted for? Bryce, I, 
234-235 (238). 

5. Are the United States Courts influenced in their decisions by 

politics? Bryce, I, 259-261 (265-267). 

6. Define treason and the punishment therefor. Constitution, Art. 

Ill, Sec. 3, Clauses 1 and 2. See Government in State and 
Nation, 312, 313. 

7. Describe the influence of John Marshall as Chief Justice. 

(a.) John Marshall, American Statesmen Series, Chapters X and 

XI. 
(b.) Bryce, I, 261 (267). 
(C.) Lodge, "John Marshall, Statesman," N. Am. Rev., 172: 

191-204. 
(d.) John Marshall, Atl. Mo., 87 : 328-341. 

8. Show how the development of our Constitution by interpretation 

has been brought about. Bryce, I, 366-375 (376-385)- 

9. What has been the influence of the Supreme Court in the history 

of our Nation ? Scribner's Mag., 33 : 273-284. 



CHAPTER XVII. 

TERRITORIES AND PUBLIC LANDS. 

The History of Territories. — The first Territories of the 
United States were formed in the region lying north of the 
Ohio River and east of the Mississippi River. Here several 
of the original States (viz., Massachusetts, Connecticut, 
New York, and Virginia) had had claims, which they 
ceded to the general government during the period of the 
Confederation. The Ordinance of 1787 was the instrument 
of government for the entire Northwest Territory until 
the adoption of the Constitution, when it was reenacted 
by the new Congress in 179 1. In the years that followed, 
special acts were passed for the government of the different 
Territories that were erected where now we find the States 
of Ohio, Indiana, Illinois, Michigan, and Wisconsin. In 
like manner, the region lying south of Kentucky was 
ceded to the United States by the Carolinas and Georgia, 
and was then formed into Territories and governed by 
Congress. Next, the Louisiana Purchase, Florida, the 
Mexican Cession, and the Oregon Territory came under the 
control of Congress ; a succession of Territories was thus 
created, the most of which have subsequently been ad- 
mitted into the Union as States. In the government of 
these Territories, Congress has acted in accordance with 
an important power granted to it by the Constitution 

165 



166 THE NATIONAL GOVERNMENT. 

Article IV, Section 3, Clause 3. The Congress shall have 
power to dispose of and make all needful rules and regula- 
tions respecting the territory or other property belonging to 
the United States. 

The Government of Organized Territories. — Territories 
may be classified as (1) organized and (2) unorganized. 
Of the former we have at present Porto Rico, Hawaii, 
New Mexico, Arizona, and Oklahoma. 

The governing authorities in each are : ( 1 ) a governor, 
appointed by the President, with the consent of the Senate ; 
(2) administrative officers — secretary, treasurer, auditor, 
attorney-general, adjutant-general, and superintendent of 
education, all appointed in the same way ; (3) a legislature 
consisting of two houses, the members of which are elected 
by popular vote ; (4) a system of courts in which the 
judges are appointed by the President and Senate. 

Relations between Territories and Congress. — A Territory 
is organized by an act of Congress which provides for 
these officers and prescribes their powers. The territorial 
legislature controls the internal affairs of the Territory ; 
but its acts may be modified or entirely annulled by Con- 
gress. The people of a Territory have no voice in National 
affairs, but they elect a delegate to Congress, who may 
debate but not vote. 

Porto Rico. — The government of Porto Rico is different at some 
points from that of the other organized Territories. The upper house 
of its legislature is the Executive Council and consists of the adminis- 
trative officers of the Territory (secretary, treasurer, auditor, commis- 
sioner of the interior, attorney-general, and commissioner of education) 
and five other persons appointed by the President. Five of the eleven 
members of this Council must be natives of Porto Rico. The House 



TERRITORIES AND PUBLIC LANDS. 167 

of Delegates has thirty-five members, elected triennially by the voters. 
There is elected by the people a " resident commissioner " to the United 
States, who, unlike the delegates from other Territories, has no seat in 
Congress, but rather has official relations with the President. 

The Territory of Hawaii. — Hawaii was annexed to the United 
States in 1898, and its government was established by Congress in 
1900. The administrative officers in this Territory are appointed by 
the governor, instead of by the President. Voters in Hawaii must be 
able to read and write either the English or Hawaiian language. 

Unorganized Territories. — Alaska and Indian Territory are called 
unorganized territories. The former has a governor, an attorney- 
general, and a surveyor-general, together with a judiciary consisting of 
three judges. There is no legislature ; Congress enacted, in 1900, a 
complete civil code for Alaska. 

Indian Territory was for many years divided into sections containing 
the governments of the " five civilized tribes." Each had an organized 
government, republican in form, under a written constitution. The 
legislatures, courts, and civil processes resembled very closely those of 
the State governments. These tribal governments have been superseded 
by National authority. A complete change is being brought about in 
the matter of landholding. Under the Indian governments the lands 
were owned in common, and none but Indians could reside there ; but 
white people came into the Territory and obtained leases and claims to 
land, until at the present time more than three-fourths of the 400,000 
inhabitants are whites. Under a law of 1893, the Dawes Commission 
has been at work upon a plan for allotting the land of the Territory to 
the Indians. 1 When this has been done, the land will be owned " in 
severalty," as in other parts of the country. 

Our Government in the Philippine Islands. — The Philippines con- 
stitute the largest part of " our insular possessions," and are not classed 
as Territories. The word " colonies " better expresses their relations to 
the United States. They are completely subject to the control of Con- 
gress. During the war with Spain and after it, until the 57th Congress 
passed the Philippine Civil Government Law in 1902, these islands were 
under the military government of the United States. The President, 
as the head of our military system, had supreme authority over these 

1 Of the 70,000 Indians but 12,000 or 15,000 are "full bloods." About 
15,000 negroes, who were formerly slaves, will also receive shares of the land. 



1 68 THE NATIONAL GOVERNMENT. 

possessions ; and he exercised his powers through the commanding 
general in the islands and through the Philippine Commission, a body 
of five men, of which Governor Taft was president. This commission 
was given authority to establish civil government in the pacified regions 
of the islands. 

In accordance with this policy, the government in the cities and in 
the less disturbed portions of the islands was in reality civil government, 
in which the people had some share, many months before Congress 
assumed responsibility by the passage of the Civil Government Law, 
in July, 1902. This law provides for the continuance of the Philippine 
Commission and the later establishment of a legislative body which is 
to consist of two houses. The upper branch of this Assembly will consist 
of members appointed by the United States government ; the members 
of the lower house will be elected by voters who have a certain amount of 
property and can speak English or Spanish. This Assembly will not 
be established, however, until two years after a census, which this law 
provides for, has been taken. The upper house of this future Philip- 
pine legislature will have greater powers than the lower branch ; and, of 
course, all acts of the assembly will be subject to veto by the American 
government. 

Besides numerous other small islands the United States possesses 
Tutuila in the Samoan group, Guam, and Wake Island. These are 
governed directly by the naval authorities of the government. 

Political Relations with Cuba. — Cuba was under the control of our 
military authority between the time when our troops occupied the island, 
during the Spanish-American War, and the announcement of its inde- 
pendence in May, 1902. Although Cuba is now an independent repub- 
lic, it is considered as a "•protectorate" of the United States, and is 
subject to the influence of this Nation in its dealings with other nations. 

The Admission of Territories to Statehood. — We have so 
far considered the Territories as in a condition of greater 
or less dependence upon the National government. It has 
always been the policy of the United States to consider 
statehood as the ultimate destiny of its Territories. 1 That 
the power to admit States into the Union belongs exclu- 

1 Now that we have possessions containing peoples of other races, the ques- 
tion arises, shall Porto Rico, Hawaii, and the Philippines ultimately become 
States? 



TERRITORIES AND PUBLIC LANDS. 169 

sively to Congress is evident from the language of the 
Constitution. 

Article IV, Section 3, Clause 1 New States may be ad- 
mitted by the Congress into this Union ; but no new State 
shall be formed or erected within the jurisdiction of any 
other State ; nor any State be formed by the junction of two 
or more States or parts of States, without the consent of the 
legislatures of the States concerned as well as of the Con- 
gress. 

Territories first apply for admission to the Union, and 
then either of two processes may follow: (1) Congress 
passes an enabling act authorizing the Territory to frame a 
constitution, which is submitted to Congress for approval. ^ 
(2) Frequently, the Territory frames its constitution with- 
out waiting for the enabling act ; with this in its hand the 
Territory then applies to Congress for admission. In either 
case, before giving its approval to the admission of a State, 
Congress must see that the constitution submitted contains 
nothing that is inconsistent with a republican form of gov- 
ernment. 

Our Public Land Policy. — In the Territories which lay 
between the Alleghany Mountains and the Mississippi 
River, and in all the acquisitions that have since been 
made, the unoccupied * lands became the property of the 
United States. So the National government became the 
possessor of many millions of acres of land, and it still 
holds immense tracts in the Western States and in its dis- 

1 Exceptions to this statement must be made to cover certain lands reserved 
by some of the original States that ceded their claims to the United States; 
as, for instance, the Western Reserve in Ohio retained by Connecticut, and 
other lands in the same State retained by Virginia. 



170 THE NATIONAL GOVERNMENT. 

tant possessions. Upon the admission of a Territory as a 
State, the ownership of its public lands does not pass to 
the new State, but remains with the National government. 
The latter has followed a most liberal policy in dealing 
with its lands, (i) It has granted great amounts to the 
States. The school lands (see p. 240) which are the 
basis of the common school funds in the Western States 
were acquired in this way. (2) Many thousands of square 
miles have been granted to railroad companies as aid in 
the construction of their lines. These lands are still 
being purchased at low rates by settlers in the West. 
(3) Under various laws, settlers acquire farms from the 
government almost free of cost. 1 (4) Millions of acres 
are still held by the government, subject to sale at low 
prices. 

At present the larger part of the public lands of the 
United States are arid ; that is, they cannot be cultivated 
without irrigation. By a law of 1902, the proceeds re- 
ceived from the sale of public lands in certain Western 
States and Territories will be expended by the National 
government in the construction of irrigation works. This 
law is destined to have a great influence upon the future 
of our Western States. 

The National System of Survey. — In the thirteen original 
States there was no uniform system of land survey, but 
each tract of land was surveyed as necessity required, 
generally after settlement had been made upon it. The 
tracts were of very irregular shapes. The boundary lines, 
usually starting from some natural object, were measured 

1 See the provisions of the homestead law, " Government in State and 
Nation," p. 333. 



TERRITORIES AND PUBLIC LANDS. 



171 



by rods or chains, running in certain directions as ascer- 
tained by the use of the compass. This method of survey 
is still in use in the Eastern States. According to a law of 
1785, a uniform system of "rectangular survey" was ap- 
plied to all lands belonging to the United States. This 
survey has preceded settlers, and has to some extent in- 
fluenced the method of settlement and the nature of local 



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4M 


1 t 1 

IS 


~^5?"~ 




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BaseL. \ 






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J 






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Bos 


b. 


-a 

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government throughout the West. The lands surveyed 
have been divided into townships six miles square. For 
the boundaries of townships the law requires the use of 
north-and-south and east-and-west lines. To secure start- 
ing points from which to run these lines, it was necessary 
to designate certain meridians as Principal Meridians and 
certain parallels as Base Lines. 



172 



THE NATIONAL GOVERNMENT. 



Method of Land Description. — The map indicates the loca- 
tion of Principal Meridians and Base Lines in the States 
north of the Ohio River. Starting, then, from any Prin- 
cipal Meridian, the tier of townships directly east is called 
Range I ; the other ranges are numbered east and west of 
that meridian. Counting also from the Base Line, the 
townships are numbered i, 2, 3, etc., both north and south. 
It thus becomes possible to locate precisely any particular 
township by a simple description : e.g., township 5 north, 
Range VIII east of the first Principal Meridian. 

Figure i. 



I 














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7 


a 














6 











1 1 c ° 


-recti 


5 


Si 


Line 








1 1 




k 


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s 


s 
a, 






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IV 


m 


n 


n.i 1 
w. 


B.I 

E. 


U 


m 


H 




Bas 


3 








JA 


ne 





The convergence of meridians causes the townships to 
become less than six miles from east to west as the survey 
proceeds northward from any Base Line. This necessitates 
the running of standard parallel lines, or correction lines, at 
frequent intervals, to be used as new Base Lines (Figure 1). 

To still further facilitate the sale and description of 
lands, the law provides for exact methods of subdividing 



TERRITORIES AND PUBLIC LANDS. 



173 



the township into sections, one mile square, numbered as 
in Figure 2. 

Each section is subdivided into rectangular tracts known 
as halves, quarters, half-quarters, and quarter-quarters. 
The designations of these divisions are by abbreviations and 
fractions. (See Figure 3.) The number of acres in each 
tract is easily computed. 

The rectangular system of survey has been a great aid 
in the subdivision and location of farm lands ; it greatly 



Figure 2. — Six Miles Square. 



G 


5 


4 


3 


2 


1 


7 


8 


9 


10 


11 


12 


18 


17 


1G 


15 


11 


13 


10 


20 


21 


22 


23 


21 


30 


20 


23 


27 


2G 


25 


31 


32 


33 


34 


35 


36 



Figure 3. — One 
• Mile Square. 



NWi 


N£NE£ 




SEi 
NE£ 


Si 



reduces the number of boundary disputes, it determines 
very largely the location of country roads. Moreover, the 
Congressional township has become, in a great many in- 
stances, the area within which the political township or 
town has been organized. This town, however, need not 
coincide with the Congressional township ; it may be 
greater or smaller in area. 



174 THE NATIONAL GOVERNMENT. 



SUPPLEMENTARY QUESTIONS AND REFERENCES. 

For the history of land cessions, references are given in Govern- 
ment in State and Nation, p. 334, question 1. 
The topics treated in this chapter are discussed in Harrison, This 

Country of Ours, pp. 270-279. 
Government in the Philippines, Arena, 24 : 281-292. An article by 

Governor Taft on this subject, Outlook, 7: 305-311. The 

Government of our new possessions, Outlook, 64 : 353-356, 

Rev. of R's, 24 : 697-700. 
The Government of Porto Rico, N. Am. Rev. 174: 159-174; Rev. 

of R's 21: 517-519. 
The Government of Indian Territory, Forum, 28: 737-740; 34: 

466-480; Rev. of R's, 23: 451-458. Garland, The Red Men's 

Present Needs, N. Am. Rev., 174 : 479-488. 
Irrigation in the West, Forum, 32: 573-581; 33: 366-371; N. 

Am. Rev., 174: 245-258; Outlook, 70: 907-910; R. of R's, 25: 

75-80; 401-402. 



CHAPTER XVIII. 
AMENDMENTS TO THE CONSTITUTION. 

Methods of amending the Constitution. — We have al- 
ready considered the effect of amendments on some 
of the original clauses. 1 It now remains to consider, 
briefly, the methods of amending the Constitution and a 
few other provisions found in the amendments. Article V 
provides for amendments as follows : — 

The Congress, whenever two-thirds of both houses shall 
deem it necessary, shall propose amendments to this Con- 
stitntion, or, on the application of the legislatures of two- 
thirds of the several States, shall call a conventioji for pro- 
posing amendments, which, in either case, shall be valid to 
all intents and purposes, as part of this Constitution, when 
ratified by the legislatures of three-fourths of the several 
States, or by conventions in three-fourths thereof, as the one 
or the other mode of ratification may be proposed by the 
Congress ; provided that no amendment which may be made 
prior to the year one thousand eight hundred and eight shall 
in any manner affect the first and fourth clauses in the ninth 
section of the first article ; and that no State, without its 
consent, shall be deprived of its equal suffrage in the 
Senate. 

Thus, amendments may be proposed in either of two 

1 For Amendment XI, see pp. 159-160; for Amendment XII, see p. 120. 

J 75 



176 THE NATIONAL GOVERNMENT. 

ways : by a vote of two-thirds of both houses of Congress ; 
or by a National convention called by Congress for that 
purpose on the application of two-thirds of the State 
Legislatures. The convention method has never been 
used in proposing amendments to this Constitution. 

Amendments may also be ratified in two ways : by the 
Legislatures in three-fourths of the several States ; or by 
conventions in three-fourths thereof. Congress has always 
selected the first of these methods. 

Amending the Constitution Difficult. — That it is difficult 
to amend the Constitution may be seen when we consider 
that some two thousand amendments have been proposed 
in an official way. During a single session of the 57th Con- 
gress, fifty amendments, on twenty different phases of gov- 
ernment, were proposed in one or other of the houses 
of Congress. 

Amendment XIII. — The purpose of the first ten amend- 
ments have already been noted, on p. 114. 

The XHIth, XlVth, and XVth amendments were the 
results of negro slavery. The Emancipation Proclamation 
granted freedom to all of the slaves in the States then in 
rebellion. There were some States, however, as Ken- 
tucky, Tennessee, and Missouri, where slavery might still 
exist legally. In order to be rid of this institution alto- 
gether, Congress proposed the XHIth Amendment to the 
Constitution, which is as follows : — 

Neither slavery nor involuntary servitude, except as a pun- 
ishment for crime whereof the party shall have been duly 
convicted, shall exist within the United States, or any place 
mbjeci <o their jurisdiction. 



AMENDMENTS TO THE CONSTITUTION. 1 77 

Congress shall have power to enforce this article by ap- 
propriate legislation. 

It was declared a part of the Constitution, December 18, 
1865. 

Amendment XIV. — This amendment was proposed by 
Congress, June 16, 1866, as a part of the general plan 
for reconstruction. The Southern States were not to 
be regarded as a part of the Union until they should 
ratify it. The entire amendment, given in Appendix A, 
should be read. Sections 1 and 2, however, contain the 
most important provisions. Section 1 has already been 
partially discussed on p. 98, under the question, " Who 
are citizens ? " Section 2 has also been considered on 
p. 53, in connection with the apportionment of repre- 
sentatives. 

Congress has at different times removed the disabilities 
from certain of the classes mentioned in Section 3. Finally, 
an act of June 6, 1898, removed the last disability imposed 
by this section. 

Amendment XV. — In order to secure full political rights 
for the negroes, the XVth Amendment was passed, as indi- 
cated on p. 51. 

The right of citizens of the United States to vote shall 
not be denied or abridged by the United States, or by any 
State, on account of race, color, or previous condition of 
servitude. 

The Congress shall have power to enforce this article by 
appropriate legislation. 



178 THE NATIONAL GOVERNMENT. 



SUPPLEMENTARY QUESTIONS AND REFERENCES. 

What facts can be given showing the difficulty of amending the 
Articles of Confederation ? Fiske, Critical Period, 218-220. 

Is it now considered difficult to amend the Constitution ? Bryce, 
American Commonwealth, I, 359-362 (368-371). 

What were the conditions under which the Emancipation Procla- 
mation was issued ? Wilson, Division and Reunion, 226-228. 

Was the adoption of the XVth Amendment a wise policy ? 



CHAPTER XIX. 

THE GOVERNMENTS OF THE WORLD. 

Kinds of Governments. — It is customary to classify the 
governments of the world under two heads : (i) Republics, 
(2) Monarchies. The real nature of our Republic may be 
made more apparent by a comparison of our system with 
that of other republics, and with the governments of certain 
great monarchies. I 

Our Federal Republic. — It has been emphasized in the 
course of our study that the States are vital parts in the 
political system which we call the Republic of the United 
States. The States are not mere administrative divisions 
of the Nation ; they do not stand in the same relation to 
the National Government that counties bear to the State. 
They do not derive their powers from the National Govern- 
ment; nor, on the other hand, does the latter derive its 
powers from the States. The source of power for both is 
the same — " the people themselves, as an organized body 
politic." The United States is, then, a Federal Republic. 
It is essential to understand that, in the division of powers 
between States and Nation, the latter is sovereign over the 
matters that are placed within its jurisdiction ; but it is a 
feature of our system no less essential (though less clearly 
understood by the people) that the States are as completely 
sovereign over matters that lie within their control. 

179 



180 THE NATIONAL GOVERNMENT. 

France a Centralized Republic. — In France we find an 
entirely different type of republic — not federal, but cen- 
tralized. France is divided into eighty-six departments, 
which correspond in some respects to our States. But in 
their relation to the central government the difference is 
very striking ; for the departments are merely administra- 
tive divisions of the central government. They have no 
original and no sovereign powers of government. The 
chief authority in each department is a prefect, who is ap- 
pointed by the Ministry of France (the central executive 
body) and is responsible to it. There is a legislative body 
in each department, called the general council, but the 
powers of this body are very much restricted. 

The national government of France exercises legislative 
authority upon many subjects in the departments, and it 
administers the laws directly. Consequently, the people's 
powers of local self-government are very much less exten- 
sive than those enjoyed by the people in the United States. 
There result in France much greater uniformity of legis- 
lation and more effective administration ; while in many 
parts of the United States local self-government results 
in corrupt laws and wasteful administration. But we 
believe that the people will become educated in the use 
of political power if the responsibility for its use rests 
upon them, rather than upon some central authority. 

The Swiss Republic. — An example of a federal repub- 
lic is the government of Switzerland. Here the cantons 
correspond to our States, and each canton has control 
over its own local affairs, without interference from the 
federal government. The chief features of the French 



THE GOVERNMENTS OF THE WORLD. 



181 



and the Swiss governments are indicated in the accom- 
panying outline: 1 — 



United States 


Switzerland 


France 


Congress 


Federal Assembly 


The Chambers 


Senate 


State Council 


Senate 


Two members from 


Two members from 


300 members elected 


each State 


each canton 


by an electoral col- 
lege in each depart- 
ment 


Six years 






House of Repre- 


National Council 


Chamber of Deputies 


sentatives 






386 members elected 


14.7 members elected 


584 deputies elected 


by people 


by people 


by people 


Two years 


Three years 


Four years 


President 


President 


President 


Elected by electors, 


Elected by Federal 


Elected by National 


i.e. by the people 


Assembly 


Assembly ; i.e. Sen- 


of the States 




ate and Chamber 
of Deputies in joint 
session 


Four years 


One year 


Seven years 


Cabinet 


Federal Council 


Ministry 


Nine members ap- 


Seven members 


Twelve members ap- 


pointed by Presi- 


elected by Federal 


pointed by Presi- 


dent and Senate 


Assembly 


dent 



Constitutional Monarchies. — The monarchies of Europe 
are classified as (1) constitutional and (2) absolute, Russia 
and Turkey being the only ones of the latter class. In 
constitutional monarchies the ruler holds his position by 
heredity, but there exists also a constitution, which defines 

1 Among the South American republics, Brazil, Mexico, and Argentine 
Republic are federal in nature, like the United States and Switzerland. 



182 THE NATIONAL GOVERNMENT. 

the distribution of powers among the branches that com- 
pose the government and fixes the limits of authority vested 
in each. The British constitution is partly written, as 
found in the great historical documents of English history, 
such as Magna Charta (1215), the Petition of Right (1628), 
and the Bill of Rights (1689) 1 ; and partly unwritten, con- 
sisting of precedents and customs which are recognized as 
authoritative. The constitutions of the other monarchies 
of Europe were made during the nineteenth century, and 
consequently they are younger than that of the United 
States. 

In all the constitutional monarchies we find legislative 
bodies similar to our Congress. In every case the lower 
house is elected by the voters ; 2 in England, the Austrian 
Empire, Italy, and Spain, a number of the members of the 
upper house hold their position by hereditary right. In 
respect to legislation, therefore, the constitutional mon- 
archies are all more or less republican in principle ; that 
is, they all recognize the supreme authority of the people 
acting through their representatives. 

The Cabinet System of Government. — In the relations 
existing between their legislative and executive depart- 
ments, the European governments differ considerably from 
that of the United States. In our government we find, 
theoretically at least, that these departments are separated ; 
in the European governments there is a close interdepend- 
ence of the legislative and executive branches, through 
some form of "cabinet responsibility." This "cabinet 
system " of government is found in the republics as well as 

1 Compare the " Bill of Rights " in our Constitution; see pp. 256-257. 

2 Property qualifications for suffrage are common in European countries. 



THE GOVERNMENTS OF THE WORLD. 



183 



in the constitutional monarchies of Europe, and in the 
self-governing British possessions, such as Canada and the 
Australian colonies. 1 The difference between the Con- 
gressional and the cabinet systems is greater in appearance 
than in reality ; for in the United States the President 
and his Cabinet exert considerable influence upon legisla- 
tion. 



England 


Germany 


Monarch — hereditary in the line 
fixed by Parliament 


Emperor — hereditary 
King of Prussia 


Cabinet 

Nineteen members 2 chosen by 

the Prime Minister 


Ministry 
Eight ministers, Chancellor at 
the head, appointed by the 
Emperor 


Parliament 


Parliament 


Limit of term, seven years 


Term, five years 


House of Lords 


Bundesrath or General Council 


586 members, holding seats 
(1) by heredity, (2) by 
appointment by Crown, 
(3) by election 3 


58 members appointed by the 
German States 


House of Commons 
670 members elected by the 
people of England, Scot- 
land, and Ireland 


Reichstag or Diet of the Realm 

397 members elected by the 

people 



1 This system finds its best illustration in the English government, of which 
a brief description will be found in " Government in State and Nation," pp. 
178-179. For references, see questions 12, 15, and 16, p. 181. 

2 The number of members in the Ministries of England and Germany 
varies. 

3 Irish peers are elected for life, and Scottish peers are elected for the dura- 
tion of a Parliament. 



1 84 THE NATIONAL GOVERNMENT. 

The Government of Russia. — " The government of Rus- 
sia is an absolute hereditary monarchy. The whole legis- 
lative, executive, and judicial power is united in the Czar, 
whose will alone is law. There are, however, certain rules 
of government which the sovereigns of the present reign- 
ing house have acknowledged as binding." * There are 
four great councils which assist the emperor in the govern- 
ment of Russia. The country is divided into administra- 
tive districts, which are presided over by representatives of 
the Emperor and have supreme civil and military authority. 
The people of Russia, have, however, some measure of 
local self-government. This is seen in the communes, 
where the people (i.e., the householders) hold general 
meetings for the purpose of discussing local affairs and 
electing officers. 

The Form and the Spirit of Government. — The study of 
other governments and the comparison of them with our 
own will teach us that the virtue of a government resides, 
not in its framework, but in its spirit. A government may 
be monarchical in form and republican in its practical 
workings. In England and in others of the European 
monarchies, the will of the people is the law of the land. 
On the other hand, a government may be republican in 
form, and very unrepublican in its methods of operation. 
There are cities and States in our country where one man, 
the political boss, or a group of men, the political machine, 
dictates the course of legislation and controls the adminis- 
tration of the law. Here we find, in reality, not republican 
governments, but despotisms or oligarchies. 

1 " Statesman's Year Book," 1902, p. 976. 



THE GOVERNMENTS OF THE WORLD. 185 

The final test of a government is found in the responsive- 
ness of the governing authorities to the will of the majority 
of the people. Wherever republican institutions are found, 
whether in republics or in monarchies, the people may 
rule if they will. Monarchical and aristocratic institutions 
do not in our time stand long in opposition to a determined 
public opinion ; and, on the other hand, a framework 
of republican institutions will not insure the execution of 
the popular will. This can only be secured where high- 
minded citizens are vigilant in the performance of their 
political duties. 

SUPPLEMENTARY QUESTIONS AND REFERENCES. 1 

1. The relations of nations are governed by the rules of international 

law, Government in State and Nation, 352-354. 

2. What progress has been made in the direction of settling disputes 

between nations by arbitration instead of by war ? Government 
in State and Nation, 354-357. Forum, 31 : 197-208; Rev. of 
R's, 21 : 51-55- 



APPENDIX A 



CONSTITUTION 

OF THE 

UNITED STATES OF AMERICA 

We the people of the United States, in order to form a more perfect 
union, establish justice, insure domestic tranquillity, provide for the 
common defense, promote the general welfare, and secure the blessings 
of liberty to ourselves and our posterity, do ordain and establish this 
Constitution for the United States of America. 

ARTICLE I. 

Section I. All legislative powers herein granted shall be vested in a 
Congress of the United States, which shall consist of a Senate and a 
House of Representatives. 

Sect. II. i. The House of Representatives shall be composed of 
members chosen every second year by the people of the several States, 
and the electors in each State shall have the qualifications requisite for 
electors of the most numerous branch of the State Legislature. 

2. No person shall be a Representative who shall not have attained 
to the age of twenty-five years, and been seven years a citizen of the 
United States, and who shall not, when elected, be an inhabitant of that 
State in which he shall be chosen. 

3. Representatives and direct taxes shall be apportioned among the 
several States which may be included within this Union, according to 
their respective numbers, which shall be determined by adding to the 
whole number of free persons, including those bound to service for a 

187 



188 APPENDIX A. 

term of years, and excluding Indians not taxed, three fifths of all other 
persons. The actual enumeration shall be made within three years 
after the first meeting of the Congress of the United States, and within 
every subsequent term of ten years, in such manner as they shall- by 
law direct. The number of Representatives shall not exceed one for 
every thirty thousand, but each State shall have at least one representa- 
tive ; and until such enumeration shall be made, the State of New 
Hampshire shall be entitled to choose three, Massachusetts eight, 
Rhode Island and Providence Plantations one, Connecticut five, New 
York six, New Jersey four, Pennsylvania eight, Delaware one, Mary- 
land six, Virginia ten, North Carolina five, South Carolina five, and 
Georgia three. 

4. When vacancies happen in the representation from any State, 
the Executive authority thereof shall issue writs of election to fill such 
vacancies. 

5. The House of Representatives shall choose their Speaker and 
other officers ; and shall have the sole power of impeachment. 

Sect. III. 1. The Senate of the United States shall be composed 
of two Senators from each State, chosen by the legislature thereof, for 
six years ; and each Senator shall have one vote. 

2. Immediately after they shall be assembled in consequence of the 
first election, they shall be divided as equally, as may be into three 
classes. The seats of the Senators of the first class shall be vacated at 
the expiration of the second year, of the second class at the expiration 
of the fourth year, and of the third class at the expiration of the sixth 
year, so that one third may be chosen every second year ; and if 
vacancies happen by resignation or otherwise, during the recess of the 
legislature of any State, the Executive thereof may make temporary 
appointments until the next meeting of the legislature, which shall then 
fill such vacancies. 

3. No person shall be a Senator who shall not have attained to the 
age of thirty years, and been nine years a citizen of the United States, 
and who shall not, when elected, be an inhabitant of that State for 
which he shall be chosen. 

4. The Vice-President of the United States shall be President of the 
Senate, but shall have no vote, unless they be equally divided. 



CONSTITUTION OF THE UNITED STATES. 189 

5. The Senate shall choose their other officers, and also a President 
pro tempore, in the absence of the Vice-President, or when he shall 
exercise the office of President of the United States. 

6. The Senate shall have the sole power to try all impeachments. 
When sitting for that purpose, they shall be on oath or affirmation. 
When the President of the United States is tried, the Chief Justice 
shall preside : and no person shall be convicted without the concur- 
rence of two thirds of the members present. 

7. Judgment in cases of impeachment shall not extend further than 
to removal from office, and disqualification to hold and enjoy any office 
of honor, trust or profit under the United States : but the party con- 
victed shall nevertheless be liable and subject to indictment, trial, judg- 
ment and punishment, according to law. 

Sect. IV. 1. The times, places and manner of holding elections 
for Senators and Representatives shall be prescribed in each State by 
the legislature thereof ; but the Congress may at any time by law 
make or alter such regulations, except as to the places of choosing 
Senators. 

2. The Congress shall assemble at least once in every year, and such 
meeting shall be on the first Monday in December, unless they shall by 
law appoint a different day. 

Sect. V. 1. Each house shall be the judge of the elections, returns 
and qualifications of its own members, and a majority of each shall con- 
stitute a quorum to do business ; but a smaller number may adjourn 
from day to day, and may be authorized to compel the attendance of 
absent members, in such manner, and under such penalties, as each 
house may provide. 

2. Each house may determine the rules of its proceedings, punish its 
members for disorderly behavior, and with the concurrence of two 
thirds, expel a member. 

3. Each house shall keep a journal of its proceedings, and from time 
to time publish the same, excepting such parts as may in their judgment 
require secrecy ; and the yeas and nays of the members of either house 
on any question shall, at the desire of one fifth of those present, be 
entered on the journal. 

4. Neither house, during the session of Congress, shall, without the 



190 APPENDIX A. 

consent of the other, adjourn for more than three days, nor to any other 
place than that in which the two houses shall be sitting. 

Sect. VI. i. The Senators and Representatives shall receive a 
compensation for their services, to be ascertained by law and paid out 
of the treasury of the United States. They shall in all cases except 
treason, felony and breach of the peace, be privileged from arrest 
during their attendance at the session of their respective houses, and 
in going to and returning from the same ; and for any speech or debate 
in either house, they shall not be questioned in any other place. 

2. No Senator or Representative shall, during the time for which he 
was elected, be appointed to any civil office under the authority of the 
United States, which shall have been created, or the emoluments 
whereof shall have been increased, during such time ; and no person 
holding any office under the United States shall be a member of either 
house during his continuance in office. 

Sect. VII. i. All bills for raising revenue shall originate in the 
House of Representatives ; but the Senate may propose or concur with 
amendments as on other bills. 

2. Every bill which shall have passed the House of Representatives 
and the Senate, shall, before it become a law, be presented to the 
President of the United States ; if he approve he shall sign it, but if 
not he shall return it with his objections to that house in which it shall 
have originated, who shall enter the objections at large on their journal, 
and proceed to reconsider it. If after such reconsideration two thirds 
of that house shall agree to pass the bill, it shall be sent, together with 
the objections, to the other house, by which it shall likewise be recon- 
sidered, and, if approved by two thirds of that house, it shall become a 
law. But in all such cases the votes of both houses shall be determined 
by yeas and nays, and the names of the persons voting for and against 
the bill shall be entered on the journal of each house respectively. If 
any bill shall not be returned by the President within ten days (Sundays 
excepted) after it shall have been presented to him, the same shall be a 
law, in like manner as if he had signed it, unless the Congress by their 
adjournment prevent its return, in which case it shall not be a law. 

3. Every order, resolution, or vote to which the concurrence of the 
Senate and House of Representatives may be necessary (except on a 




CONSTITUTION OF THE UNITED STATES. IQI 

question of adjournment) shall be presented to the Presidjjjjjjt of the 
United States ; and before the same shall take effect, shall bejjpproved 
by him, or being disapproved by him, shall be repassed by two thirds 
of the Senate and House of Representatives, according to the.rules and 
limitations prescribed in the case of a bill. * ,-y V | i] L 

Sect. VIII. The Congress shall have power 

i . To lay and collect taxes, duties, imposts, and excises, to pay the \ 
debts and provide for the common defense and general welfare of the 
United States ; but all duties, imposts and excises shall be uniform (J 
throughout the United States ; 

2. To borrow money on the credit of the United States ; 

3. To regulate commerce with foreign nations, and among the several , 
States, and with the Indian tribes ; 

4. To establish an uniform rule of naturalization, and uniform law; 
on the subject of bankruptcies throughout the United States ; 

5. To coin money, regulate the value thereof, and of foreign coin, 
and fix the standard of weights and measures ; 

6. To provide for the punishment of counterfeiting the securities 
and current coin of the United States ; 

7. To establish post offices and post roads ; 

8. To promote the progress of science and useful arts by securing 
for limited times to authors and inventors the exclusive right to their 
respective writings and discoveries ; 

9. To constitute tribunals inferior to the Supreme Court ; 

10. To define and punish piracies and felonies committed on the 
high seas and offences against the law of nations ; 

11. To declare war, grant letters of marque and reprisal, and make 
rules concerning captures on land and water ; 

12. To raise and support armies, but no appropriation of money to 
that use shall be for a longer term than two years ; 

13. To provide and maintain a .navy ; 

14. To make rules for the government and regulation of the land 
and naval forces ; 

15. To provide for calling forth the militia to execute the laws of the 
Union, suppress insurrections, and repel invasions ; 

16. To provide for organizing, arming and disciplining the militia, 



192 APPENDIX A. 

and for governing such part of them as may be employed in the service 
of the United States, reserving to the States respectively the appoint- 
ment of the officers, and the authority of training the militia according 
to the discipline prescribed by Congress ; 

17. To exercise exclusive legislation in all cases whatsoever, over 
such district (not exceeding ten miles square) as may, by cession of 
particular States, and the acceptance of Congress, become the seat 
of government of the United States, and to exercise like authority over 
all places purchased by the consent of the legislature of the State, in 
which the same shall be, for the erection of forts, magazines, arsenals, 
dockyards, and other needful buildings ; — and 

18. To make all laws which shall be necessary and proper for carry- 
ing into execution the foregoing powers, and all other powers vested 
by this Constitution in the government of the United States, or in any 
department or office thereof. 

Sect. IX. 1. The migration or importation of such persons as any 
of the States now existing shall think proper to admit shall not be pro- 
hibited by the Congress prior to the year one thousand eight hundred 
and eight ; but a tax or duty may be imposed on such importation, not 
exceeding ten dollars for each person. 

2. The privilege of the writ of habeas corpus shall not be suspended, 
unless when in cases of rebellion or invasion the public safety may 
require it. 

3. No bill of attainder or ex post facto law shall be passed. 

4. No capitation, or other direct, tax shall be laid, unless in propor- 
tion to the census or enumeration herein before directed to be taken. 

5. No tax or duty shall be laid on articles exported from any State. 

6. No preference shall be given by any regulation of commerce or 
revenue to the ports of one State over those of another : nor shall 
vessels bound to, or from, one State, be obliged to enter, clear, or pay 
duties in another. 

7. No money shall be drawn from the treasury, but in consequence 
of appropriations made by law ; and a regular statement and account of 
the receipts and expenditures of all public money shall be published 
from time to time. 

8. No title of nobility shall be granted by the United States : and no 



CONSTITUTION OF THE UNITED STATES. 193 

person holding any office of profit or trust under them, shall, without 
the consent of the Congress, accept of any present, emolument, office, 
or title, of any kind whatever, from any king, prince, or foreign state. 

Sect. X. 1. No State shall enter into any treaty, alliance, or con- 
federation ; grant letters of marque and reprisal ; coin money ; emit bills 
of credit ; make anything but gold and silver coin a tender in payment 
of debts ; pass any bill of attainder, ex post facto law, or law impairing 
the obligation of contracts, or grant any title of nobility. 

2. No State shall, without the consent of the Congress, lay any im- 
posts or duties on imports or exports, except what may be absolutely 
necessary for executing its inspection laws : and the net produce of all 
duties and imposts, laid by any State on imports or exports, shall be 
for the use of the treasury of the United States ; and all such laws shall 
be subject to the revision and control of the Congress. 

3. No State shall, without the consent of Congress, lay any duty of 
tonnage, keep troops, or ships of war in time of peace, enter into any • 
agreement or compact with another State, or with a foreign power, or 
engage in war, unless actually invaded, or in such imminent danger as 
will not admit of delay. 

ARTICLE II. 

Section I. 1. The executive power shall be vested in a President 
of the United States of America. He shall hold his office during the 
term of four years, and together with the Vice-President, chosen for the 
same term, be elected as follows : 

2. Each State shall appoint, in such manner as the legislature thereof 
may direct, a number of electors, equal to the whole number of Senators 
and Representatives to which the State may be entitled in the Con- 
gress ; but no Senator or Representative, or person holding an office of 
trust or profit under the United States, shall be appointed an elector. 

[The electors shall meet in their respective States, and vote by ballot 
for two persons, of whom one at least shall not be an inhabitant of the 
same State with themselves. And they shall make a list of all the 
persons voted for, and of the number of votes for each ; which list they 
shall sign and certify, and transmit sealed to the seat of government of 
the United States, directed to the President of the Senate. The Presi- 



194 APPENDIX A. 

dent of the Senate shall, in the presence of the Senate and House of 
Representatives, open all the certificates, and the votes shall then be 
counted. The person having the greatest number of votes shall be the 
President, if such number be a majority of the whole number of electors 
appointed ; and if there be more than one who have such majority, and 
have an equal number of votes, then the House of Representatives shall 
immediately choose by ballot one of them for President ; and if no 
person have a majority, then from the five highest on the list the said 
house shall in like manner choose the President. But in choosing the 
President the votes shall be taken by States, the representation from 
each State having one vote ; a quorum for this purpose shall consist of 
a member or members from two thirds of the States, and a majority 
of all the States shall be necessary to a choice. In every case, after the 
choice of the President, the person having the greatest number of votes 
of the electors shall be the Vice-President. But if there should remain 
two or more who have equal votes, the Senate shall choose from them 
by ballot the Vice-President.] 

3. The Congress may determine the time of choosing the electors, 
and the day on which they shall give their votes ; which day shall be 
the same throughout the United States. 

4. No person except a natural born citizen, or a citizen of the United 
States, at the time of the adoption of this Constitution, shall be eligible 
to the office of President ; neither shall any person be eligible to that 
office who shall not have attained to the age of thirty-five years, and 
been fourteen years a resident within the United States. 

5. In case of the removal of the President from office or of his 
death, resignation, or inability to discharge the powers and duties of 
the said office, the same shall devolve on the Vice-President, and the 
Congress may by law provide for the case of removal, death, resigna- 
tion, or inability, both of the President and Vice-President, declaring 
what officer shall then act as President, and such officer shall act ac- 
cordingly, until the disability be removed, or a President shall be 
elected. 

6. The President shall, at stated times, receive for his services, a 
compensation, which shall neither be increased nor diminished during 
the period for which he shall have been elected, and he shall not re- 



CONSTITUTION OF THE UNITED STATES. 195 

ceive within that period any other emolument from the United States, 
or any of them. 

7. Before he enter on the execution of his office, he shall take the 
following oath or affirmation : — "I do solemnly swear (or affirm) that 
I will faithfully execute the office of President of the United States, 
and will to the best of my ability, preserve, protect and defend the 
Constitution of the United States." 

Sect. II. 1. The President shall be commander in chief of the 
army and navy of the United States, and of the militia of the several 
states, when called into the actual service of the United States ; he may 
require the opinion, in writing, of the principal officer in each of the 
executive departments, upon any subject relating to the duties of their 
respective offices, and he shall have power to grant reprieves and 
pardons for offenses against the United States, except in cases of im- 
peachment. 

2. He shall have power, by and with the advice and consent of the 
Senate, to make treaties, provided two thirds of the Senators present 
concur ; and he shall nominate, and by and with the advice and con- 
sent of the Senate, shall appoint ambassadors, other public ministers 
and consuls, judges of the Supreme Court, and all other officers of the 
United States, whose appointments are not herein otherwise provided 
for, and which shall be established by law : but the Congress may by 
law vest the appointment of such inferior officers, as they think proper, in 
the President alone, in the courts of law, or in the heads of departments. 

3. The President shall have power to fill up all vacancies that may 
happen during the recess of the Senate, by granting commissions which 
shall expire at the end of their next session. 

Sect. III. He shall from time to time give to the Congress infor- 
mation of the state of the Union, and recommend to their consideration 
such measures as he shall judge necessary and expedient ; he may, on 
extraordinary occasions, convene both houses, or either of them, and 
in case of disagreement between them, with respect to the time of ad- 
journment, he may adjourn them to such time as he shall think proper ; 
he shall receive ambassadors and other public ministers ; he shall take 
care that the laws be faithfully executed, and shall commission all the 
officers of the United States. 



196 APPENDIX A. 

Sect. IV. The President, Vice-President and all civil officers of 
the United States, shall be removed from office on impeachment for, 
and conviction of, treason, bribery, or other high crimes and misde- 
meanors. 

ARTICLE III. 

Section I. The judicial power of the United States, shall be vested 
in one Supreme Court, and in such inferior courts as Congress may 
from time to time ordain and establish. The judges, both of the 
Supreme and inferior courts, shall hold their offices during good be- 
havior, and shall, at stated times, receive for their services, a compen- 
sation, which shall not be diminished during their continuance in office. 

Sect. II. 1. The judicial power shall extend to all cases, in law 
and equity, arising under this Constitution, the laws of the United 
States, and treaties made or which shall be made, under their authority ; 

— to all cases affecting ambassadors, other public ministers and con- 
suls ; — to all cases of admiralty jurisdiction ; — to controversies to 
which the United States shall be a party; — to controversies between 
two or more States ; — between a State and citizens of another State ; 

— between citizens of different States ; — between citizens of the same 
State claiming lands under grants of different States, and between a 
State, or the citizens thereof, and foreign states, ckizens or subjects. 

2. In all cases affecting ambassadors, other public ministers and 
consuls, and those in which a State shall be a party, the Supreme Court 
shall have original jurisdiction. In all the other cases before men- 
tioned, the Supreme Court shall have appellate jurisdiction, both as to 
law and fact, with such exceptions, and under such regulations as the 
Congress shall make. 

3. The trial of all crimes, except in cases of impeachment, shall be 
by jury ; and such trial shall be held in the State where the said crimes 
shall have been committed ; but when not committed within any State, 
the trial shall be at such place or places as the Congress may by law 
have directed. 

Sect. III. 1. Treason against the United States shall consist only 
in levying war against them, or in adhering to their enemies, giving 
them aid and comfort. No person shall be convicted of treason unless 



CONSTITUTION OF THE UNITED STATES. 197 

on the testimony of two witnesses to the same overt act, or on confes- 
sion in open court. 

2. The Congress shall have power to declare the punishment of 
treason, but no attainder of treason shall work corruption of blood, or 
forfeiture except during the life of the person attainted. 

ARTICLE IV. 

Section I. Full faith and credit shall be given in each State to the 
public acts, records, and judicial proceedings of every other State. 
And the Congress may by general laws prescribe the manner in which 
such acts, records, and proceedings shall be proved, and the effect 
thereof. 

Sect. II. 1. The citizens of each State shall be entitled to all priv- 
ileges and immunities of citizens in the several States. 

2. A person charged in any State with treason, felony, or other • 
crime, who shall flee from justice, and be found in another State, shall 
on demand of the executive authority of the State from which he fled, 
be delivered up, to be removed to the State having jurisdiction of the 
crime. 

3. No person held to service or labor in one State, under the laws 
thereof, escaping into another, shall, in consequence of any law or reg- 
ulation therein, be discharged from such service or labor, but shall be 
delivered up on claim of the party to whom such service or labor may 
be due. 

Sect. III. 1. New States may be admitted by the Congress into 
this Union ; but no new State shall be formed or erected within the 
jurisdiction of any other State ; nor any State be formed by the junc- 
tion of two or more States, or parts of States, without the consent of 
the legislatures of the States concerned as well as of the Congress. 

2. The Congress shall have power to dispose of and make all needful 
rules and regulations respecting the territory or other property belong- 
ing to the United States ; and nothing in this Constitution shall be so 
construed as to prejudice any claims of the United States, or of any 
particular State. 

Sect. IV. The United States shall guarantee to every State in this 



198 APPENDIX A. 

Union a republican form of government, and shall protect each of them 
against invasion ; and on application of the legislature, or of the exec- 
utive (when the legislature cannot be convened) against domestic vio- 
lence. 

ARTICLE V. 

The Congress, whenever two thirds of both houses shall deem it 
necessary, shall propose amendments to this Constitution, or, on the 
application of the legislatures of two thirds of the several States, shall 
call a convention for proposing amendments, which, in either case shall 
be valid to all intents and purposes, as part of this Constitution, when 
ratified by the legislatures of three fourths of the several States, or by 
conventions in three fourths thereof, as the one or the other mode of 
ratification may be proposed by the Congress ; provided that no amend- 
ments which may be made prior to the year one thousand eight hun- 
dred and eight shall in any manner affect the first and fourth clauses in 
the ninth section of the first article ; and that no State, without its 
consent, shall be deprived of its equal suffrage in the Senate. 

ARTICLE VI. 

1. All debts contracted and engagements entered into, before the 
adoption of this Constitution, shall be as valid against the United 
States under this Constitution, as under the Confederation. 

2. This Constitution, and the laws of the United States which shall 
be made in pursuance thereof; and all treaties made, or which shall be 
made, under the authority of the United States, shall be the supreme 
law of the land ; and the judges in every State shall be bound thereby, 
anything in the Constitution or laws of any State to the contrary not- 
withstanding. 

3. The Senators and Representatives before mentioned, and the 
members of the several State legislatures, and all executive and judi- 
cial officers, both of the United States and of the several States, shall 
be bound by oath or affirmation, to support this Constitution ; but no 
religious test shall ever be required as a qualification to any office or 
public trust under the United States- 



CONSTITUTION OF THE UNITED STATES. 



199 



ARTICLE VII. 

The ratification of the conventions of nine States, shall be sufficient 
for the establishment of this Constitution between the States so rati- 
fying the same. 

Done in Convention by the unanimous consent of the States present, 
the seventeenth day of September in the year of our Lord one thou- 
sand seven hundred and eighty-seven and of the Independence of 
the United States of America the twelfth. In witness whereof we 
have hereunto subscribed our names. 



[Signed by] 

New Hampshire. 
John Langdon, 
Nicholas Gilman. 

Massachusetts. 
Nathaniel Gorham, 
Rufus King. 

Connecticut. 
Wm. Saml. Johnson, 
Roger Sherman. 

New York. 
Alexander Hamilton. 

New Jersey.' 
Wil : Livingston, 
David Brearley, 
Wm : Paterson, 
Jona : Dayton. 



G° Washington, 
Presidt and Deputy from Virginia. 



Pennsylvania. 
B Franklin, 
Thomas Mifiiin, 
Robt. Morris, 
Geo. Clymer, 
Tho. Fitz Simons, 
Jared Ingersoll, 
James Wilson, 
Gouv Morris. 

Delaware. 
Geo : Read, 
Gunning Bedford, 

Jun, 
John Dickinson, 
Richard Bassett, 
Jaco : Broom, 



Virginia. 
John Blair, 
James Madison, Jr. 

North Carolina. 
Wm. Blount, 
Richd. Dobbs Spaight, 
Hu Williamson. 

South Carolina. 
J. Rutledge, 
Charles Cotesworth 

Pinckney. 
Charles Pinckney, 
Pierce Butler. 

Georgia. 
William Few, 
Abr Baldwin. 



Maryland. 

James McHenry, 
Dan of St. Thos. 

Jenifer, 
Danl Carroll. 

Attest : William Jackson, Secretary. 



200 APPENDIX A. 

Articles in Addition to and Amendment of the Constitution 
of the United States of America, Proposed by Congress, 
and Ratified by the Legislatures of the Several States, 
pursuant to the P'ifth Article of the Original Constitu- 
tion. 

Article I. — Congress shall make no law respecting an establish- 
ment of religion, or prohibiting the free exercise thereof; or abridging 
the freedom of speech, or of the press; or the right of the people 
peaceably to assemble and to petition the government for a redress of 
grievances. 

Article II. — A well-regulated militia, being necessary to the se- 
curity of a free State, the right of the people to keep and bear arms, 
shall not be infringed. 

Article III. — No soldier shall, in time of peace be quartered in 
any house without the consent of the owner, nor in time of war, but in 
a manner to be prescribed by law. 

Article IV. — The right of the people to be secure in their per- 
sons, houses, papers, and effects, against unreasonable searches and 
seizures, shall not be violated, and no warrants shall issue but upon 
probable cause, supported by oath or affirmation, and particularly 
describing the place to be searched, and the persons or things to be 
seized. 

Article V. — No person shall be held to answer for a capital, or 
otherwise infamous crime, unless on a presentment or indictment of a 
grand jury except in cases arising in the land or naval forces, or in the 
militia, when in actual service in time of war or public danger ; nor shall 
any person be subject for the same offense to be twice put in jeopardy 
of life or limb ; nor shall be compelled in any criminal case to be a wit- 
ness against himself, nor be deprived of life, liberty, or property, without 
due process of law ; nor shall private property be taken for public use 
without just compensation. 

Article VI. — In all criminal prosecutions the accused shall enjoy 
the right to a speedy and public trial, by an impartial jury of the State 
and district wherein the crime shall have been committed, which dis- 
trict shall have been previously ascertained by law, and to be informed 
of the nature and cause of the accusation ; to be confronted with the 



CONSTITUTION OF THE UNITED STATES. 201 

witnesses against him ; to have compulsory process for obtaining wit- 
nesses in his favor, and to have the assistance of counsel for his defense. 

Article VII. — In suits at common law, where the value in contro- 
versy shall exceed twenty dollars, the right of trial by jury shall be pre- 
served, and no fact tried by a jury shall be otherwise reexamined in 
any court of the United States, than according to the rules of the com- 
mon law. 

Article VIII. — Excessive bail shall not be required, nor excessive 
fines imposed, nor cruel and unusual punishments inflicted. 

Article IX. — The enumeration in the Constitution, of certain 
rights, shall not be construed to deny or disparage others retained by 
the people. 

Article X. — The powers not delegated to the United States by the 
Constitution, nor prohibited by it to the States, are reserved to the 
States respectively, or to the people. 

Article XI. — The judicial power of the United States shall not be 
construed to extend to any suit in law or equity, commenced or prose- 
cuted against one of the United States by citizens of another State, or 
by citizens or subjects of any foreign state. 

Article XII. — i. The electors shall meet in their respective States, 
and vote by ballot for President and Vice-President, one of whom, at 
least, shall not be an inhabitant of the same State with themselves ; 
they shall name in their ballots the person voted for as President, and 
in distinct ballots the person voted for as Vice-President, and they shall 
make distinct lists of all persons voted for as President, and of all per- 
sons voted for as Vice-President, and of the number of votes for each, 
which lists they shall sign and certify, and transmit sealed to the 
seat of government of the United States, directed to the President of 
the Senate; —the President of the Senate shall, in the presence of the 
Senate and House of Representatives, open all the certificates and the 
votes shall then be counted ; — the person having the greatest number 
of votes for President shall be the President, if such number be a 
majority of the whole number of electors appointed ; and if no person 
have such majority, then from the persons having the highest numbers 
not exceeding three on the list of those voted for as President, the 
House of Representatives shall choose immediately, by ballot, the 



202 APPENDIX A. 

President. But in choosing the President, the votes shall be taken by 
States, the representation from each State having one vote ; a quorum 
for this purpose shall consist of a member or members from two thirds 
of the States, and a majority of all the States shall be necessary to a 
choice. And if the House of Representatives shall not choose a Presi- 
dent whenever the right of choice shall devolve upon them, before the 
fourth day of March next following, then the Vice-President shall act as 
President, as in the case of the death or other constitutional disability 
of the President. — The person having the greatest number of votes 
as Vice-President, shall be the Vice-President, if such number be a 
majority of the whole number of electors appointed, and if no person 
have a majority, then from the two highest numbers on the list, the 
Senate shall choose the Vice-President ; a quorum for the purpose shall 
consist of two thirds of the whole number of Senators, and a majority 
of the whole number shall be necessary to a choice. But no person 
constitutionally ineligible to the office of President shall be eligible to 
that of Vice-President of the United States. 

Article XIII. — Section i. Neither slavery nor involuntary servi- 
tude, except as a punishment for crime whereof the party shall have 
been duly convicted, shall exist within the United States, or any place 
subject to their jurisdiction. 

Section 2. Congress shall have power to enforce this article by 
appropriate legislation. 

Article XIV. — Section 1. All persons born or naturalized in the 
United States, and subject to the jurisdiction thereof, are citizens of the 
United States and of the State wherein they reside. No State shall 
make or enforce any law which shall abridge the privileges or immunities 
of citizens of the United States ; nor shall any State deprive any person 
of life, liberty, or property, without due process of law ; nor deny to any 
person within its jurisdiction the equal protection of the laws. 

Section 2. Representatives shall be apportioned among the several 
States according to their respective numbers, counting the whole num- 
ber of persons in each State, excluding Indians not taxed. But when 
the right to vote at any election for the choice of Electors for President 
and Vice-President of the United States, Representatives in Congress, 
the executive and judicial officers of a State, or the members of the 



CONSTITUTION OF THE UNITED STATES. 203 

legislature thereof, is denied to any of the male inhabitants of such 
State, being twenty-one years of age and citizens of the United States, 
or in any way abridged, except for participation in rebellion, or other 
crime, the basis of representation therein shall be reduced in the pro- 
portion which the number of such male citizens shall bear to the whole 
number of male citizens twenty-one years of age in such State. 

Section 3. No person shall be a Senator or Representative in 
Congress, or Elector of President and Vice-President, or hold any 
office, civil or military, under the United States, or under any State, 
who, having previously taken an oath, as a member of Congress, or as 
an officer of the United States, or as a member of any State legislature, 
or as an executive or judicial officer of any State, to support the Con- 
stitution of the United States, shall have engaged in insurrection or 
rebellion against the same, or given aid or comfort to the enemies 
thereof. But Congress may by a vote of two thirds of each house, 
remove such disability. 

Section 4. The validity of the public debt of the United States, 
authorized by law, including debts incurred for payment of pensions 
and bounties for services in suppressing insurrection or rebellion, shall 
not be questioned. But neither the United States nor any State shall 
assume or pay any debt or obligation incurred in aid of insurrection or 
rebellion against the United States, or any claim for the loss or emanci- 
pation of any slave ; but all such debts, obligations, and claims shall be 
held illegal and void. 

Section 5. The Congress shall have power to enforce by appropriate 
legislation the provisions of this article. 

Article XV. —Section 1. The right of citizens of the United 
States to vote shall not be denied or abridged by the United States or 
any State on account of race, color, or previous condition of servitude. 

Section 2. The Congress shall have power to enforce this article by 
appropriate legislation. 



APPENDIX B 

ARTICLES OF CONFEDERATION 

Articles of Confederation and Perpetual Union between the States of 
New Hampshire, Massachusetts Bay, Rhode Island and Providence 
Plantations, Connecticut, New York, New Jersey, Pennsylvania, 
Delaware, Maryland, Virginia, North Carolina, South Carolina, 
and Georgia. 

Article I. — The style of this Confederacy shall be, "The United 
States of America." 

Art. II. — Each State retains its sovereignty, freedom, and inde- 
pendence, and every power, jurisdiction, and right, which is not by this 
Confederation expressly delegated to the United States in Congress 
assembled. 

Art. III. — The said States hereby severally enter into a firm league 
of friendship with each other, for their common defense, the security of 
their liberties, and their mutual and general welfare, binding themselves 
to assist each other against all force offered to, or attacks made upon 
them, or any of them, on account of religion, sovereignty, trade, or any 
other pretense whatever. 

Art. IV. — The better to secure and perpetuate mutual friendship 
and intercourse among the people of the different States in this Union, 
the free inhabitants of each of these States, paupers, vagabonds, and 
fugitives from justice excepted, shall be entitled to all privileges and 
immunities of free citizens in the several States; and the people of 
each State shall have free ingress and egress to and from any other 
State, and shall enjoy therein all the privileges of trade and commerce 
subject to the same duties, impositions, and restrictions as the inhabit- 
ants thereof respectively; provided that such restrictions shall not 

204 



ARTICLES OF CONFEDERATION. 205 

extend so far as to prevent the removal of property imported into any 
State to any other State of which the owner is an inhabitant ; provided 
also, that no imposition, duties, or restriction shall be laid by any State 
on the property of the United States or either of them. If any person 
guilty of, or charged with, treason, felony, or other high misdemeanor 
in any State shall flee from justice and be found in any of the United 
States, he shall, upon demand of the governor or executive power of 
the States from which he fled, be delivered up and removed to the State 
having jurisdiction of his offense. Full faith and credit shall be given 
in each of these States to the records, acts, and judicial proceedings of 
the courts and magistrates of every other State. 

Art. V. — For the more convenient management of the general in- 
terests of the United States, delegates shall be annually appointed in 
such manner as the Legislature of each State shall direct, to meet 
in Congress on the first Monday in November in every year with a 
power reserved to each State to recall its delegates, or any of them, at 
any time within the year, and to send others in their stead for the 
remainder of the year. No State shall be represented in Congress by 
less than two, nor by more than seven members ; and no person shall 
be capable of being a delegate for more than three years in any term 
of six years ; nor shall any person, being a delegate, be capable of hold- 
ing any office under the United States for which he, or another for his 
benefit, receives any salary, fees, or emolument of any kind. Each 
State shall maintain its own delegates in any meeting of the States and 
while they act as members of the Committee of the States. In deter- 
mining questions in the United States in Congress assembled, each 
State shall have one vote. Freedom of speech and debate in Congress 
shall not be impeached or questioned in any court or place out of Con- 
gress ; and the members of Congress shall be protected in their persons 
from arrest and imprisonment during the time of their going to and 
from, and attendance on, Congress, except for treason, felony, or breach 
of the peace. 

Art. VI. — No State, without the consent of the United States, in 
Congress assembled, shall send any embassy to, or receive any embassy 
from, or enter into any conference, agreement, alliance, or treaty with 
any king, prince, or state ; nor shall any person holding any office of 



206 APPENDIX B. 

profit or trust under the United States, or any of them, accept of any 
present, emolument, office, or title of any kind whatever from any king, 
prince, or foreign state ; nor shall the United States, in Congress assem- 
bled, or any of them, grant any title of nobility. 

No two or more States shall enter into any treaty, confederation, or 
alliance whatever between them, without the consent of the United 
States, in Congress assembled, specifying accurately the purposes for 
which the same is to be entered into, and how long it shall continue. 

No State shall lay any imposts or duties which may interfere with 
any stipulations in treaties entered into by the United States, in Con- 
gress assembled, with any king, prince, or state, in pursuance of any 
treaties already proposed by Congress to the courts of France and Spain. 

No vessels of war shall be kept up in time of peace by any State, 
except such number only as shall be deemed necessary by the United 
States, in Congress assembled, for the defense of such State or its 
trade, nor shall any body of forces be kept up by any State in time of 
peace, except such number only as, in the judgment of the United 
States, in Congress assembled, shall be deemed requisite to garrison 
the forts necessary for the defense of such State ; but every State shall 
always keep up a well-regulated and disciplined militia, sufficiently 
armed and accoutered, and shall provide and constantly have ready for 
use in public stores a due number of field-pieces and tents, and a proper 
quantity of arms, ammunition, and camp equipage. 

No State shall engage in any war without the consent of the United 
States, in Congress assembled, unless such State be actually invaded 
by enemies, or shall have received certain advice of a resolution being 
formed by some nation of Indians to invade such State, and the danger 
is so imminent as not to admit of a delay till the United States, in Con- 
gress assembled, can be consulted ; nor shall any State grant commissions 
to any ships or vessels of war, nor letters of marque or reprisal, except 
it be after a declaration of war by the United States, in Congress 
assembled, and then only against the kingdom or state, and the subjects 
thereof, against which war has been so declared, and under such regula- 
tions as shall be established by the United States, in Congress assem- 
bled, unless such State be infested by pirates, in which case vessels of 
war may be fitted out for that occasion, and kept so long as the danger 



ARTICLES OF CONFEDERATION. 207 



* 



f 



shall continue, or until the United States, in Congress assembled, shall 
determine otherwise. 

Art. VII. — When land forces are raised by any State for the com- 
mon defense, all officers of or under the rank of Colonel shall be 
appointed by the Legislature of each State respectively by whom such 
forces shall be raised, or in such manner as such State shall direct, and 
all vacancies shall be filled up by the State which first made the 
appointment. 

Art. VIII. — All charges of war, and all other expenses that shall 
be incurred for the common defense, or general welfare, and allowed by 
the United States, in Congress assembled, shall be defrayed out of a 
common treasury, which shall be supplied by the several States in pro- 
portion to the value of all land within each State, granted to, or sur- 
veyed for, any person, as such land and the buildings and improvements 
thereon shall be estimated, according to such mode as the United States, 
in Congress assembled, shall, from time to time, direct and appoint. 
The taxes for paying that proportion shall be laid and levied by the 
authority and direction of the Legislatures of the several States, within 
the time agreed upon by the United States, in Congress assembled. 

Art. IX. — The United States, in Congress assembled, shall have 
the sole and exclusive right and power of determining on peace and 
war, except in the cases mentioned in the sixth Article ; of sending and 
receiving ambassadors ; entering into treaties and alliances, provided 
that no treaty of commerce shall be made, whereby the legislative power 
of the respective States shall be restrained from imposing such imposts 
and duties on foreigners as their own people are subjected to, or from 
prohibiting the exportation or importation of any species of goods or 
commodities whatever ; of establishing rules for deciding, in all cases, 
what captures on land and water shall be legal, and in what manner 
prizes taken by land or naval forces in the service of the United States 
shall be divided or appropriated ; of granting letters of marque and 
reprisal in times of peace ; appointing courts for the trial of piracies 
and felonies committed on the high seas ; and establishing courts for 
receiving and determining finally appeals in all cases of captures ; pro- 
vided that no member of Congress shall be appointed a judge of any of 
the said courts. 



208 APPENDIX B. 

The United States, in Congress assembled, shall also be the last 
resort on appeal in all disputes and differences now subsisting, or that 
hereafter may arise between two or more States concerning boundary, 
jurisdiction, or any other cause whatever; which authority shall always 
be exercised in the manner following : Whenever the legislative or 
executive authority, or lawful agent of any State in controversy with 
another, shall present a petition to Congress, stating the matter in ques- 
tion, and praying for a hearing, notice thereof shall be given by order 
of Congress to the legislative or executive authority of the other State 
in controversy, and a day assigned for the appearance of the parties by 
their lawful agents, who shall then be directed to appoint, by joint con- 
sent, commissioners or judges to constitute a court for hearing and 
determining the matter in question ; but if they cannot agree, Congress 
shall name three persons out of each of the United States, and from the 
list of such persons each party shall alternately strike out one, the peti- 
tioners beginning, until the number shall be reduced to thirteen ; and 
from that number not less than seven nor more than nine names, as 
Congress shall direct, shall, in the presence of Congress, be drawn out 
by lot ; and the persons whose names shall be so drawn, or any five of 
them, shall be commissioners or judges, to hear and finally determine 
the controversy, so always as a major part of the judges who shall hear 
the cause shall agree in the determination ; and if either party shall 
neglect to attend at the day appointed, without showing reasons which 
Congress shall judge sufficient, or being present, shall refuse to strike, 
the Congress shall proceed to nominate three persons out of each State, 
and the secretary of Congress shall strike in behalf of such party absent 
or refusing ; and the judgment and sentence of the court, to be ap- 
pointed in the manner before prescribed, shall be final and conclusive ; 
and if any of the parties shall refuse to submit to the authority of such 
court, or to appear or defend their claim or cause, the court shall never- 
theless proceed to pronounce sentence or judgment, which shall in like 
manner be final and decisive; the judgment or sentence and other 
proceedings being in either case transmitted to Congress, and lodged 
among the acts of Congress for the security of the parties concerned ; 
provided, that every commissioner, before he sits in judgment, shall 
take an oath, to be administered by one of the judges of the supreme 



ARTICLES OF CONFEDERATION. 209 

or superior court of the State where the cause shall be tried, " well and 
truly to hear and determine the matter in question, according to the 
best of his judgment, without favor, affection, or hope of reward." 
Provided, also, that no State shall be deprived of territory for the 
benefit of the United States. 

All controversies concerning the private right of soil claimed under 
different grants of two or more States, whose jurisdictions, as they may 
respect such lands, and the States which passed such grants are ad- 
justed, the said grants or either of them being at the same time claimed 
to have originated antecedent to such settlement of jurisdiction, shall, 
on the petition of either party to the Congress of the United States, 
be finally determined, as near as may be, in the same manner as is 
before prescribed for deciding disputes respecting territorial jurisdiction 
between different States. 

The United States, in Congress assembled, shall also have the sole 
and exclusive right and power of regulating the alloy and value of coin 
struck by their own authority, or by that of the respective States ; fixing 
the standard of weights and measures throughout the United States ; 
regulating the trade and managing all affairs with the Indians, not 
members of any of the States ; provided that the legislative right of 
any State, within its own limits, be not infringed or violated ; establish- 
ing and regulating post offices from one State to another, throughout 
all the United States, and exacting such postage on the papers passing 
through the same as may be requisite to defray the expenses of the said 
office ; appointing all officers of the land forces in the service of the 
United States, excepting regimental officers ; appointing all the officers 
of the naval forces, and commissioning all officers whatever in the ser- 
vice of the United States ; making rules for the government and reg- 
ulation of the said land and naval forces, and directing their operations. 

The United States, in Congress assembled, shall have authority to 
appoint a committee, to sit in the recess of Congress, to be denomi- 
nated "A Committee of the States," and to consist of one delegate 
from each State, and to appoint such other committees and civil offi- 
cers as may be necessary for managing the general affairs of the 
United States under their direction ; to appoint one of their number to 
preside ; provided that no person be allowed to serve in the office of 



2IO APPENDIX B. 

president more than one year in any term of three years ; to ascertain 
the necessary sums of money to be raised for the service of the United 
States, and to appropriate and apply the same for defraying the public 
expenses ; to borrow money or emit bills on the credit of the United 
States, transmitting every half year to the respective States an account 
of the sums of money so borrowed or emitted ; to build and equip a 
navy ; to agree upon the number of land forces, and to make requisi- 
tions from each State for its quota, in proportion to the number of white 
inhabitants in such State, which requisition shall be binding ; and 
thereupon the Legislature of each State shall appoint the regimental 
officers, raise the men, and clothe, arm, and equip them in a soldier- 
like manner, at the expense of the United States ; and the officers and 
men so clothed, armed, and equipped shall march to the place appointed, 
and within the time agreed on by the United States, in Congress as- 
sembled ; but if the United States, in Congress assembled, shall, on 
consideration of circumstances, judge proper that any State should not 
raise men, or should raise a smaller number than its quota, and that 
any other State should raise a greater number of men than the quota 
thereof, such extra number shall be raised, officered, clothed, armed, and 
equipped in the same manner as the quota of such State, unless the 
Legislature of such State shall judge that such extra number can not 
be safely spared out of the same, in which case they shall raise, officer, 
clothe, arm, and equip as many of such extra number as they judge 
can be safely spared, and the officers and men so clothed, armed, and 
equipped shall march to the place appointed, and within the time agreed 
on by the United States, in Congress assembled. 

The United States, in Congress assembled, shall never engage in a 
war, nor grant letters of marque and reprisal in time of peace, nor 
enter into any treaties or alliances, nor coin money, nor regulate the 
value thereof, nor ascertain the sums and expenses necessary for the 
defense and welfare of the United States, or any of them, nor emit 
bills, nor borrow money on the credit of the United States, nor appro- 
priate money, nor agree upon the number of vessels of war to be built 
or purchased, or the number of land or sea forces to be raised, nor ap- 
point a commander in chief of the army or navy, unless nine States 
assent to the same, nor shall a question on any other point, except for 



ARTICLES OF CONFEDERATION. 211 

adjourning from day to day, be determined, unless by the votes of a 
majority of the United States, in Congress assembled. 

The Congress of the United States shall have power to adjourn to 
any time within the year, and to any place within the United States, so 
that no period of adjournment be for a longer duration than the space 
of six months, and shall publish the journal of their proceedings 
monthly, except such parts thereof relating to treaties, alliances, or 
military operations as in their judgment require secrecy ; and the yeas 
and nays of the delegates of each State, on any question, shall be en- 
tered on the journal when it is desired by any delegate ; and the dele- 
gates of a State, or any of them, at his or their request, shall be fur- 
nished with a transcript of the said journal except such parts as are 
above excepted, to lay before the Legislatures of the several States. 

Art. X. — The Committee of the States, or any nine of them, shall 
be authorized to execute, in the recess of Congress, such of the powers 
of Congress as the United States, in Congress assembled, by the con- 
sent of nine States, shall, from time to time, think expedient to vest 
them with ; provided that no power be delegated to the said Commit- 
tee, for the exercise of which, by the Articles of Confederation, the 
voice of nine States in the Congress of the United States assembled is 
requisite. 

Art. XI. — Canada, acceding to this Confederation, and joining in 
the measures of the United States shall be admitted into, and entitled 
to all the advantages of this Union ; but no other colony shall be 
admitted into the same, unless such admission be agreed to by nine 
States. 

Art. XII. — All bills of credit emitted, moneys borrowed, and debts 
contracted by or under the authority of Congress, before the assembling 
of the United States, in pursuance of the present Confederation, shall 
be deemed and considered as a charge against the United States, for 
payment and satisfaction whereof the said United States and the public 
faith are hereby solemnly pledged. 

Art. XIII. — Every State shall abide by the determinations of the 
United States, in Congress assembled, on all questions which by this 
Confederation are submitted to them. And the Articles of this Con- 
federation shall be inviolably observed by every State, and the Union 



212 APPENDIX B. 

shall be perpetual ; nor shall any alteration at any time hereafter be 
made in any of them, unless such alteration be agreed to in a Congress 
of the United States, and be afterwards confirmed by the Legislatures 
of every State. 

And whereas it hath pleased the great Governor of the world to 
incline the hearts of the Legislatures we respectively represent in Con- 
gress to approve of, and to authorize us to ratify, the said Articles of 
Confederation and perpetual Union, know ye, that we, the undersigned 
delegates, by virtue of the power and authority to us given for that 
purpose, do, by these presents, in the name and in behalf of our re- 
spective constituents, fully and entirely ratify and confirm each and 
every of the said Articles of Confederation and perpetual Union, and 
all and singular the matters and things therein contained. And we do 
further solemnly plight and engage the faith of our respective constitu- 
ents, that they shall abide by the determinations of the United States, 
in Congress assembled, on all questions which by the said Confeder- 
ation are submitted to them ; and that the Articles thereof shall be 
inviolably observed by the States we respectively represent, and that 
the Union shall be perpetual. In witness whereof, we have hereunto 
set our hands in Congress. Done at Philadelphia, in the State of 
Pennsylvania, the ninth day of July, in the year of our Lord 1778, and 
in the third year of the Independence of America. 



APPENDIX C. 

REFERENCE BOOKS. 

Alton, Among the Lawmakers, Scribner. 
Ashley, The American Federal State, Macmillan. 
Brewer, American Citizenships Scribner. 
Brooks, How the Republic is Governed, Scribner. 
Bryce, The American Commonwealth, Macmillan. 
Burgess, The Middle Period, Scribner. 

Cooley, Principles of Constitutional Law, Little, Brown & Co. 
Conkling, City Government in the United States, Appleton. 
Curtis, The United States and Foreign Powers, Scribner. 
Devlin, Municipal Reform in the United States, Putnam. 
Dole, Talks about Law, Houghton, Mifflin & Co. 
Ely, Taxation in American States and Cities, Crowell. 
Fisher, The Colonial Era, Scribner. 

Fiske, Civil Government in the United States, Houghton, Mifflin & Co. 
Fiske, Critical Period of American History, Houghton, Mifflin & Co. 
Harrison, This Country of Ours, Scribner. 
Hart, Formation of the Union, Longmans, Green & Co. 
Hinsdale, The American Government, Werner School Book Co. 
Holt, Talks on Civics, Macmillan. 
Macy, Our Government, Ginn. 
Newspaper Almanacs. 

Robinson, Elementary Law, Little, Brown & Co. 
Sloane, The French War and Revolution, Scribner. 
Stanwood, History of Presidential Elections, Houghton, Mifflin & Co. 
Thwaites, The Colonies, Longmans, Green & Co. 
Walker, The Making of the Nation, Scribner. 
Wilson, Congressional Government, Houghton, Mifflin & Co. 
Wilson, Division and Reunion, Longmans, Green & Co. 
Wilson, The State, Heath. 

Wright, Practical Sociology, Longmans, Green & Co. 

213 



INDEX. 



Administrative departments, city, 20- 

25- 
Agriculture, department of, 130-15 1. 
Alaska, 167. 
Albany Congress, 33. 
Amendments to the Constitution, 1 14, 

chap. 18. 
Annapolis Convention, 40. 
Annapolis Naval Academy, 147. 
Appointment, President's power of, 

133-137- 

Apportionment of representatives, 53- 

56. 

Appropriations by Congress, 88. 

Army of the United States, 104-105. 

Articles of Confederation, 37, Appen- 
dix B. 

Bank, see National Banks. 
Bankruptcy laws, 99-100. 
Bills in Congress, chap. 10. 
Bonds, National, 88-89. 

Cabinet, chap. 16. 

Cabinet system of government, 182- 

183. 
Capital, location of, 107. 
Census of the United States, 55. 
Charities, 23-24. 
Circuit Courts of the United States, 

157- 
Citizenship, 98-99. 
City government, chap. 4. 
Civil Service Reform, 136, 139, 140. 
Coins and coinage, 93-94. 
Colonial governments, 32. 
Colonies made States, 144. 



Commerce, departments of, 151. 
Commerce, power of Congress over, 

89-92. 
Committee on Rules, 75-76. 
Committees of Correspondence, 35. 
Committee system in Congress, chap. 9. 
Confederation, Articles of, see Articles 

of Confederation. 
Conference committees, 79. 
Congress, Continental, 35-37; under 

the Constitution, chap. 7; procedure ^ 

in, chap. 8; sessions of, 62. 
Constitutional Convention (1787), 

chap. 6; delegates to, 40; compro- 
mises, 42-43. 
Constitution of U. S., Appendix A; 

amendments of, chap. 18; origin of, 

47; ratification, 44-45. 
Consuls, 143. 

Conventions, National, 117. 
Copyright, 103. 
County government, chap. 4. 
County type of local government, 15- 

16. 
Cuba, 168. 

Debts of U. S., 88-89. 
Diplomatic bureaus, 142. 
District of Columbia, 107. 
District courts of the U. S., 157. 
Duties, customs, 83-85. 

Electoral Commission, 123. 
Electors, Presidential, 116, 1 19-122. 
England, 182-183. 
Executive departments, chap. 16. 
Ex post facto laws, 112. 

*5 



2l6 



INDEX. 



Federal Republics, 179. 
Finances, National, 83-89. 
France, 1S0. 
Franchises, 26. 
Free coinage, 94. 

Gerrymander, 52. 
Gold certificates, 95. 
Grand jury, 162. 

Habeas Corpus, III. 
Hawaii, 167. 
Health, public, 4, 22-23. 
Homestead law, 170. 

Immigration law, 153. 

Impeachment, 66-67. 

Implied powers of Congress, 108, no. 

Inauguration of President, 127. 

Income taxes, 87. 

Indians, 149-150, 167. 

Indian Territory, 167. 

Interior, department of, 149. 

Internal revenue system, 85-86. 

Interstate commerce law, 90-91. 

Judiciary, National, chap. 16. 
Jurisdiction of U. S. courts, 158-160. 
Jury system, 161-163. 
Justice, department of, 148. 

Lands, public, 169. 

Legal tender, definition, 95. 

Lobby, 78. 

Local government, chap. 1. 

Local government, origin, chap. 3. 

Mail matter, classes, 101. 
Mayor, 20. 

Message, President's, 137. 
Military powers of Congress, 104-107. 
Militia, 106-107. 
Monarchies, 181- 183. 
Money of the U. S., 92-96. 
Municipal government, chap. 4; own- 
ership, 27, 31. 



National Banks, 95-96. 

Naturalization, 99. 

Navy, department of, 147; of the 
U. S., 105-106. 

New England colonies, 13-15; Con- 
federation, 33. 

New Jersey Plan, 42. 

Nobility, titles of, 112. 

Northwest Territory, 165, 

Ordinance of 1787, 165. 

Pairs, in voting, 80. 

Pardons, 132. 

Parish, 16. 

Parliament of England, 183. 

Patents, 103. 

Philippines, government of, 167-168. 

Poor, 3. 

Porto Rico, government of, 166. 

Post Office, department of, 148; sys- 
tem, 100-102, 109. 

Presidential succession, 126. 

President of U. S., chaps. 13, 14; elec- 
tion of, 1 1 5-1 25. 

Proportional representation, 52. 

Public lands, 169. 

Quorum in Congress, 67-69. 

Railroads and interstate commerce, 
90-91. 

Reform movements, 28, 31. 

Representatives, apportionment of, 53- 
56; election of, 51-52; qualifica- 
tions of, 52-53. 

Reprieve, 132. 

Revenue bills in Congress, 87. 

Roads, 2. 

Rural delivery of mail, 101. 

Russia, 184. 

Salaries of Congressmen, 70-71. 
Senate of U. S., 57. 



INDEX. 



217 



Senators, qualifications of, 58; elec- 
tion of, 59. 

Silver certificates, 95. 

Smuggling, 84. 

Speaker of the House of Representa- 
tives, 76-78. 

Spoils system, 135. 

Stamp Act Congress, 34. 

State, department of, 142. 

Streets, 2, 23. 

Subsidiary silver, 94. 

Supervisor system of local govern- 
ment, 8. 

Supreme Court of U. S., 157. 

Survey, U. S. Government, 170-174. 

Switzerland, 180-181. 

Tariff, 84-85. 

Taxation, National, 83-89. 
Taxes, direct and indirect, 87. 
Territorial delegates, 56. 
Territories, chap. 17. 
Territory, admission of, 168. 



Town type of local government, 14; 

township-county type, 17. 
Treasury, department of, 144. 
Treasury notes, 94, 96. 
Treaties, 132-133. 
Trusts, 91-92. 

Union, steps leading to, chap. 5. 
United States notes, 95. 

Vacancies, in House of Representa- 
tives, 57; in Senate, 60. 
Valuation of property, 60. 
Vestry, 16. 
Veto, 80-81. 

Vice-president of U. S., 126. 
Virginia local government, 15-16. 
Virginia plan, 41. 
Voting, methods in Congress, 80. 

War, declaration of, 104; Department 
of, 146. 

Yeas and nays, 80. 



THE GOVERNMENT OF THE 
NEW ENGLAND STATES 



THE GOVERNMENT 



OF THE 



NEW ENGLAND STATES 



BY 

WILSON R. BUTLER, A.M. 

HEAD MASTER, HIGH SCHOOL, NEW BEDFORD, MASS. 



WITH MAPS 



NEW YORK 

CHARLES SCRIBNER'S SONS 

1905 



LIBRARY of SONSSESS 
Two Codiks rfucwveo 

apr 10 iyu5 

W*SS Cfc. AAc. Ww 
COPY B. 



COPYRIGHT, 1905, BY 
CHARLES SCRIBNER'S SONS 



Nortoooo $resB 

. S. Cushing & Co. — Berwick & Smith Co. 
Norwood, Mass., U.S.A. 



PREFACE 

All agree that in a republic like ours there is urgent 
need that every citizen know something of the government 
under which he lives, of its functions, of its history, of the 
principles underlying it, and, particularly, of his personal 
relation to it. There is also universal agreement that this 
study of government and training for citizenship should 
form one of the important branches of study in our ele- 
mentary schools. This is evidenced by the trend of the 
discussions heard at educational meetings and among citi- 
zens generally throughout the country, by the appoint- 
ment of committees by educational societies to consider 
courses and methods in the subject, by the organization 
of civic leagues for the express purpose of promoting civic 
instruction in our schools, and by the appearance of many 
elementary text-books designed for use in the grammar 
schools. 

Most of these text-books have attempted to cover the 
United States, and, therefore, in the treatment of all ex- 
cept the federal government have been obliged to limit 
themselves to generalities. Those which have dealt with 
the government of a single State have proved unsatis- 
factory because of their tendency to leave the pupil with 
a narrow and imperfect view of his own local and State 
government. 

In the following text, which deals with a group of States 
whose governmental machinery and practice have, so to 



vi PREFACE. 

speak, a family resemblance, it has been possible to avoid 
both these objections. 

Comparison — both of the past with the present and 
of the present systems of government in the six States 
with each other — is a dominant note throughout the book. 
The plan has been to make general statements concerning 
the forms of government and the practice found in the 
majority of these States, and then to note divergencies. 
This comparison, this noting resemblances and pointing 
out differences, serves to arouse and sustain the pupil's 
interest ; and it helps to give him a grasp upon the details 
of his own local and State government. John Fiske says, 
" It is impossible thoroughly to grasp the meaning of any 
group of facts, in any department of study, until we have 
duly compared them with allied groups of facts." 1 Com- 
parison has a practical value in its power to open the 
pupil's mind to the fact that in government as in other 
things there are different ways of arriving at the same 
results, and in its tendency to leave with him the idea that 
there is a best zvay, which may or may not be that of his 
own town, city, or State. Such comparison, then, should 
tend to bring about the general adoption of the best forms 
and practices of government found in any communities, 
and thus assist in the development of government ; it 
should also tend to make the future citizen tolerant and 
broad-minded, and thus help to raise the standard of 
citizenship. 

In attempting to deal at comparatively close quarters 
with government as found in six States, the author can 
scarcely hope to have escaped error in some matters of 
detail. Furthermore, local government is everywhere 
more or less constantly changing, and consequently accu- 

1 In preface to "American Political Ideas." 



PREFACE. vil 

racy in matters of detail is not possible for any long 
period of time. The author will therefore be very grate- 
ful to any who will call his attention to errors or omissions. 
The author wishes to express his thanks to Miss Mabel 
Hill of the Lowell State Normal School for a critical 
reading of the proof and to Miss Lydia J. Cranston and 
Miss Amy S. Rhodes of New Bedford High School for 
criticism of the English and the preparation of the index. 

WILSON R. BUTLER. 
April, 1905. 



SUGGESTIONS TO TEACHERS. 

Every teacher feels the necessity of having somewhat 
definite ideas about the aim (or aims), the scope, and the 
method of the instruction which he is giving. Since there 
is some doubt that there is yet a consensus of opinion 
among teachers of civics regarding these points, I venture 
to offer the following statements which will serve as a 
basis for such amendments as each teacher may like to 
make. 

The aims of the teaching of civics in our elementary 
and secondary schools are : — 

i. To train the mind. (Civics has this aim in common 
with other subjects. 1 ) 

2. To develop political intelligence. 

3. To interest the pupil in civic duty, and through 

his participation in school life to train him for 
its exercise after school days are over. 
Scope : — 

1. Actual government as found in town, city, county, 

State, and nation. 

2. So much of the history of government as is 

necessary to explain present conditions. 

3. So much of the theory and principles of govern- 

ment as is needed to establish an orderly ar- 
rangement of the subject-matter in the pupil's 

1 " Civics is a study of an important phase of human society, and for this 
reason has the same value as elementary science or history." — Professor 
Henry E. Bourne, in " The Teaching of History and Civics." 



SUGGESTIONS TO TEACHERS. 

mind and to give him an understanding of the 
meaning of observed facts and phenomena. 

4. The examination in a concrete way of the ethical 

principles underlying government. 

5. All the application, all the learning by doing, all 

the discipline through the performance of such 
social duties as fall to pupils during school life 
that can be had. 
Method : — 

1. In the study of actual government in the town or 

city where the school is situated the laboratory 
method should be used as far as possible ; that 
is, the town or city government should be the 
basis of study and the town or city documents 
the chief texts. A thorough knowledge of the 
machinery of local government and an under- 
standing of its working is necessary as an apper- 
ceptional basis for the study of county, State, 
and nation, where the library method must of 
necessity be chiefly employed. 
The bulletin board is an essential piece of appara- 
tus from the first, but becomes more and more 
valuable as county, State, and national govern- 
ments are studied. 

2. In the study of the history of government special 

attention is given to the development of institu- 
tions and practices; there is a constant com- 
parison of the then and the now. 

3. The study of the theory and principles of govern- 

ment necessitates a constant seeking of the 
why and a constant comparison of theory with 
fact, with some investigation of reasons for 
differences. 



SUGGESTIONS TO TEACHERS. XI 

4. In the study of the ethical phase of government, 
and in the application of principles and truths 
learned to the direction of personal conduct, 
effort is made : — 

(a) To bring out clearly and make real the 
pupil's personal relation to government, — par- 
ticularly as regards the benefits which he re- 
ceives from government and his duties and 
obligations toward government. 

(b) To cultivate civic spirit and develop habits 
of good citizenship through participation in the 
duties, obligations, and benefits of school life. 

Of course it is not necessary to bring to the notice of 
pupils the fact that there are four lines of emphasis, or^ 
four phases, in the study of civics, but it is necessary 
that every teacher of the subject in our schools should be 
conscious of them and should omit or slight no one of 
them in his teaching. 

The work may be well begun by calling out and clari- 
fying the pupils' ideas regarding government in the home 
and in the school, and by a brief review of what they have 
already learned — through experience or through instruc- 
tion — of civil government. The topics of such prelimi- 
nary lessons, arranged under the four heads, would stand 
somewhat thus : — 



Xll 



SUGGESTIONS TO TEACHERS. 



GOVERNMENT IN HOME AND SCHOOL. 



Machinery and 
Operation. 


History. 


Theory and Prin- 
ciples. 


Ethics. 


i. The source of 


The pupil's expe- 


1. Definition of 


1. Relation of citi- 


authority : — 


rience with gov- 


government 


zens to one 


(a) At home. 


ernment at 


and law. 


another, and 


(&) In school. 


home, in school ; 


2. The necessity of 


to the social 


2. Who makes the 


with government 


society ; 


whole. 


laws? 


in town or city; 


3. Hence the ne- 


2. The social in- 


3. Who interprets 


with State and 


cessity of gov- 


stinct given us 


them? 


federal govern- 


ernment : — 


by the Creator. 


4. Who executes or 


ment. 


(a) for protection 


3. Necessity for 


enforces them? 




(1) of persons, 


obeying the 


5. Review what has 




(2) of prop- 


" rules of the 


been previous- 




erty; 


game." 


ly learned 




(6) For coopera- 


4. The strong and 


about civil 




tion. 


the weak. 


government. 






5. Government a 
moral obliga- 
tion. 



A similar tabulation of the topics to be studied under 
town, city, county, State, and national government may 
easily be made. 

For a complete syllabus and a carefully selected bibliog- 
raphy, the forthcoming Report of the Civics Committee, 
appointed by the New England History Teachers' Asso- 
ciation, may be recommended. 



CONTENTS. 

CHAPTER PAGE 

I. The Beginning of New England Colonial Gov- 
ernment i 

II. The Rise of Town and County Governments in 

New England 6 

III. The Rise of Town and County Governments in 

New England {continued) 14 

IV. Causes of the Development of the Town in New 

England 20 

V. The New England Town of To-day ... 22 

VI. Villages and Boroughs 34 

VII. Cities 35 

VIII. The City of Boston . 48 

IX. Counties 60 

X. The Transition of New England Colonies into 

States 64 

XI. Present State Governments in New England . 70 
XII. Present State Governments in New England {con- 
tinued') ......... 74 

XIII. Present State Governments in New England {con- 

tinued) ......... 89 

XIV. Present State Governments in New England {con- 

tinued) ......... 99 

XV. Education in New England 114 

xiii 



XIV CONTENTS. 

PAGE 

Appendix A. Qualifications for Voters in New Eng- 
land States 126 

Appendix B. State Legislature 128 

Appendix C. State Government of Massachusetts in 

Outline . .130 

Appendix D. The Governor and Other State Officers 132 
Appendix E. Outline of the Judicial Departments in 

the New England States . . . . -136 

Index 143 



THE GOVERNMENT OF THE 
NEW ENGLAND STATES 



THE GOVERNMENT OF THE NEW 
ENGLAND STATES. 

CHAPTER I. 

THE BEGINNING OF NEW ENGLAND COLONIAL 
GOVERNMENT. 

How the Colonists received their Land Titles. — At the 

time of the discovery of America it was customary for 
kings to claim for the crown all lands discovered by navi- 
gators sailing in their service. So when, in 1497, John and 
Sebastian Cabot, sailing in the employ of Henry VII of 
England, were the first to touch the mainland of North 
America somewhere near the Gulf of St. Lawrence, the 
king claimed all this vast territory as subject, not to Eng- 
land, but to himself. No thought was given to the rights 
of the red men, who were then the only inhabitants of the 
land. 

A little more than a hundred years later (in 1606), James 
I, then king of England, granted to a number of influen- 
tial Englishmen a patent, or charter, which allowed them to 
form two companies for planting and governing colonies 
in America. These companies were called the London 
Company and the Plymouth Company. This charter 
granted to the London Company the land along the coast 
from Cape Fear on the south to the southern boundary of 
the present State of Maryland on the north ; and to the 
Plymouth Company, the territory from Long Island to the 



2 THE GOVERNMENT OF THE NEW ENGLAND STATES. 

mouth of the Bay of Fundy. The strip of coast between 
the southern boundary of Maryland and Long Island 
might be settled by either company ; but neither should 
plant a colony within a hundred miles of one already 
planted by the other. 

The London Company in 1607 established, in what is 
now Virginia, a colony to which they gave the name James- 
town. This was the first permanent English colony in 
America. The Plymouth Company did not succeed in 
planting a permanent colony, and in 1620 was reorganized 
and incorporated under the name of The Council for New 
England. From this council all colonies in the territory 
that afterwards became the States of Massachusetts, Con- 
necticut, Maine, and New Hampshire received their land 
grants. 

First Settlements. — The first settlements in what are 
now the New England States were Plymouth and Mas- 
sachusetts Bay in Massachusetts ; Dover and Portsmouth 
in New Hampshire ; Saco and York in Maine ; Hartford 
and New Haven in Connecticut ; Providence and Ports- 
mouth in Rhode Island ; Brattleboro and Bennington in 
Vermont. With the exception of the Vermont settle- 
ments, these were all made within the twenty years that 
followed the founding of Plymouth. In and about these 
nest-places of colonization the town and county govern- 
ments of New England had their birth. 

The Character of the New England Colonists. — The New 
England colonists were similar in character ; they were 
moved by the same purpose ; they had experienced the 
same oppression in the mother country ; and now they 



THE BEGINNING OF COLONIAL GOVERNMENT. 3 

faced similar, difficulties and dangers in the wild New 
England country. They were, for the most part, Puritans 
and Separatists, who had left their homes in the Old World, 
not to make discoveries or to gain wealth, but to found 
homes in the New World where they might enjoy that free- 
dom of religious worship which was denied them in Eng- 
land. They were as a rule neither wealthy nor poor, but 
each possessed sufficient property to sustain his self-respect 
and independence, so that there was no class distinction 
among them. They brought with them from England 
similar ideas of government. Therefore the New Eng- 
land colonies, though widely separated and having scant 
communication, established systems of local government 
which in all important respects were alike, and remain so 
to this day. 

The colonists were familiar with the English parish and its combi- 
nation of civil and church government, and with the English county 
and its court. So it was quite natural that the earliest government of 
the colonies, with its General Court exercising both legislative and judi- 
cial functions, should resemble that of an English county, and that the 
New England town should be a modification of the English parish. 

Earliest Forms of Colonial Government. — In 1620, the 
Mayflower brought to this country one hundred men, 
women, and children, who established at Plymouth the 
first permanent settlement in New England. These Pil- 
grims, as they called themselves, were Separatists who, 
driven from England about eleven years before by reli- 
gious persecution, had been living in Holland. But dis- 
satisfied with the conditions there, and fearing that their 
children would grow up Dutch instead of English, they 
had determined to plant a colony in America. They had 



4 THE GOVERNMENT OF THE NEW ENGLAND STATES. 

secured a charter from the London Company ; however, 
for some reason, they did not go to its territory ; but, in 
December, landed on the coast of Cape Cod, upon land 
belonging to the Plymouth Company. 

Since, therefore, their charter from the London Com- 
pany was useless, they drew up in the cabin of the 
Mayflower an agreement as to what their government 
should be. The compact was as follows : — 

" In the name of God, Amen. We, whose names are underwritten, 
the loyal subjects of our dread sovereign lord, King James, by the 
grace of God, Of Great Britain, France, and Ireland, King, Defender 
of Faith, &c, having undertaken, for the glory of God, and advance- 
ment of the Christian faith, and honor of our king and country, a voy- 
age to plant the first colony in the northern parts of Virginia, do by 
these presents, solemnly and mutually, in the presence of God and of 
one another, covenant and combine ourselves together into a civil body 
politic, for our better ordering and preservation, and furtherance of the 
ends aforesaid ; and by virtue hereof to enact, constitute and frame 
such just and equal laws, ordinances, acts, constitutions, and offices, 
from time to time, as shall be thought most meet and convenient for the 
general good of the colony ; unto which we promise all due submission 
and obedience. In witness whereof we have hereunder subscribed our 
names, at Cape Cod, the nth of November, in the year of the reign of 
our sovereign lord, King James of England, France, and Ireland, the 
eighteenth, and of Scotland the fifty-fourth, Anno Domini 1620." 

This compact, to which forty-one of the men affixed 
their names, is famous as the first concrete outline of the 
principles of popular government. 

Eight years later, the Pilgrims obtained from the Coun- 
cil for New England a charter which granted them a cer- 
tain territory, and permission to set up and carry on such 
government as they found necessary. 

The form of government begun under the Mayflower 
compact was, in the main, that of nearly all the early colo- 



THE BEGINNING OF COLONIAL GOVERNMENT. 5 

nies of New England. A governor and five (afterward 
seven) assistants were elected each year by the freemen, 
who at first comprised all the adult male members of the 
colony. A meeting of all the freemen, called the General 
Court, made the laws ; and a court consisting of the gov- 
ernor and his assistants interpreted and applied them. 
The English common law was the basis of all judicial and 
administrative acts. Early legislation dealt with very 
simple matters, such as forbidding settlers to roof their 
houses with thatch (since thatch was liable to take fire) 
and forbidding the sending of corn, pease, and beans out 
of the colony. 

TOPICAL OUTLINE OF CHAPTER. 

The Beginning of New England Colonial Government. 

I. How New England colonists got their land titles. 

1. Henry VII's claim. 

2. James Ps charter to London and Plymouth Companies. 

3. London Company plants Jamestown. 

4. Plymouth Company reorganized and named Council for New 

England. 
II. First settlements, — the nest-places of colonization. 

III. Character of colonists. 

1. Similarity of previous experiences, of purpose, of social condi- 
tions, and of ideas of government. 

2. Its influence upon New England government. 

IV. Earliest forms of New England colonial government illustrated 

by colony of New Plymouth. 

1 . The Mayflower compact. 

2. Outline of the early Plymouth Government: — 
Legislative department : General Court. 

Judicial department : General Court and Court of Assistants. 
Executive department ; Governor and Assistants. 



CHAPTER II. 

THE RISE OF TOWN" AND COUNTY GOVERNMENTS IN 
NEW ENGLAND. 

Plymouth and Massachusetts Bay Colonies. 

The Origin of the Town. — The distinctive feature of 
government in the New England States is town govern- 
ment. The town is the unit of local government, and a 
thorough knowledge of it is necessary to an understanding 
of city, county, and State government. 

More than a thousand years before the landing of the 
Pilgrims, our Anglo-Saxon ancestors used the word " tun" 
(toon) to designate the stockade with which they sur- 
rounded their hamlets as a defense against their enemies. 
The word "tun" came in time to apply not only to the 
stockade, but also to the hamlet itself and its inhabitants. 

The town meeting was at first an open air meeting of 
the people of the " tun" to punish wrongdoers, and to 
distribute annually the lots of town land for tillage. In 
later times the townsmen also chose four men to represent 
them in the "shire moots," or county courts. 

Before the Pilgrims left England the old English town 
had been largely replaced by the manor — a kind of town 
in which the officers were directly responsible to the lord 
of the manor rather than to the people — and the parish. 
The parish generally coincided with the town in territory, 

6 



THE RISE OF TOWN AND COUNTY GOVERNMENTS. 7 

and besides carrying on much of the government of the 
ancient town, was also the unit of church administration. 
Fiske says : — 

" As we find it in later times, both before and since the founding of 
English colonies in North America, the township in England is likely 
to be both a manor and a parish. For some purposes it is the one, for 
some purposes it is the other. The townsfolk may be regarded as a 
group of tenants of the lord's manor, or as a group of parishioners of 
the local church. In the latter aspect, the parish retained much of the 
self-government of the ancient town. The business with which the 
lord was entitled to meddle was strictly limited, and all other business 
was transacted in the ' vestry meeting, 1 which was practically the old 
town meeting under a new name." 

Since the earliest New England settlements were founded 
by church congregations led by their pastors, it very natu- 
rally happened that the English parish government was 
transplanted to this country, and became the basis of the 
New England town. 

The Rise of Towns in Plymouth Colony. — During the 
first sixteen years after its founding, Plymouth Colony 
was governed under what seems to be a combination of 
English county and parish governments. In 1636, how- 
ever, the laws were revised, and the duties of the several 
officers were more clearly defined. In connection with 
this revision we have the first mention of separate towns. 
Two men from Scituate and two from Duxbury were ap- 
pointed to serve with four from Plymouth in revising the 
laws. The general court in this same year granted to Ply- 
mouth permission to hold separate meetings to deal with 
matters of local importance. Similar privileges were soon 
granted to other communities. In 1638, there had come to 
be eight towns. 



8 THE GOVERNMENT OF THE NEW ENGLAND STATES. 

Representation. — We can readily see how it was both 
inconvenient and dangerous for all the men of a community 
to leave their homes at one time in order to attend the 
general court. For this reason, following the plan that 
the towns of Massachusetts Bay Colony had adopted four 
years before, the towns began in 1638 to send representa- 
tives to act for them, with the governor and his assistants, 
in making the laws. All the freemen still met once a 
year in general court to elect officers ; but even at this 
meeting they might, if they wished, vote by proxy through 
their deputies. 

Separation of the Judicial Department, and the Forma- 
tion of Counties. — In 1671, the laws of the Plymouth 
Colony were again revised. At this time, all judicial 
functions were withdrawn from the general court and 
given to a court of assistants which met in Plymouth 
three times a year and had jurisdiction in all civil and 
criminal cases. In addition to this central court, two 
selectmen were chosen in each town, to whom was given 
authority to try civil cases which involved not more than 
forty shillings. 

A further step in the development of the judicial 
branch of government was soon found necessary, and 
in 1685, three counties, Plymouth, Barnstable, and Bristol, 
were formed by the union of neighboring towns. In 
each of these counties, court was held twice a year by the 
assistants who lived within its boundaries, and much of 
the business previously handled by the court of assistants 
was transacted by these county courts. 

It is interesting to note how the three departments of 



THE RISE OF TOWN AND COUNTY GOVERNMENTS. 9 

government, — legislative, executive, and judicial, — which 
were at first united, gradually became separate and inde- 
pendent. The same thing happened in all the New Eng- 
land colonies. 

In 1692, Plymouth was united to Massachusetts Bay 
Colony under the Province Charter, and made a royal prov- 
ince whose governor was no longer elected by the colonists, 
but appointed by the king of England. (See p. 12.) 

Massachusetts Bay Colony. — In 1628, a company of 
men in England obtained from the Council for New Eng- 
land a grant of land having its southern boundary three 
miles south of the Charles River, its northern boundary V 
three miles north of the Merrimac River, and extending 
westward to the Pacific Ocean. These men were Puri- 
tans, and they wished to found a colony where Puritans 
could live and worship as they pleased. They sent over, 
under the leadership of John Endicott, one of their 
members, a little band of sixty colonists who settled at 
Salem. The next year Charles I gave the company a 
charter incorporating them under the title of "The Gov- 
ernor and Company of the Massachusetts Bay in New 
England." This charter gave the company power to 
choose its own officers, to make its own rules, and to enact 
laws for governing the colonies which it might send out. 
The company was to govern from England the colonies 
which it might plant in America. 

Soon it was decided to transfer the charter and the 
company governing under it to New England, and a 
large company of Puritans immediately came over (1630) 
and settled in and about Boston. 



10 THE GOVERNMENT OF THE NEW ENGLAND STATES. 

The general form of the government established under 
this charter was much the same as that of the Plymouth 
Colony. But there are some important differences that 
we should notice. The Plymouth Colony had set up no 
religious qualification for its voters, while from almost the 
very first, Massachusetts Bay Colony limited its voters to 
church members. The executive and judicial powers 
were exercised chiefly by the governor and his assistants, 
who met every month in what was called Assistants' 
Cotirts. The laws were made and the officers elected by 
the Great and General Court, an assembly of all the free- 
men of the company. It seems that this body also 
attended to some judicial matters. 

Representation. — As has been said (p. 8), towns of 
the Bay Colony began to send deputies to act with the 
assistants in making the laws as early as 1634. The 
assistants, or magistrates, as they were sometimes called, 
and the deputies sat together, but voted separately. No 
law could be enacted unless it received a majority vote in 
each body. In 1644 the two branches of the legislative 
body began to sit in separate chambers. In this step we 
see the beginning of the two-chambered (bicameral) legis- 
lative body in colonial government. 

Separation of the Judicial Department and the Organiza- 
tion of Counties. — Judicial business was gradually with- 
drawn from the assistants' court and the general court, 
and given to quarterly courts held at Boston, Cambridge, 
Salem, and Ipswich, and presided over by resident magis- 
trates and officers appointed by the general court to act 



THE RISE OF TOWN AND COUNTY GOVERNMENTS. II 

with them. In 1643, four counties were organized for the 
transacting of judicial business. 

Puritan Legislation in the Bay Colony. — It will be 
remembered that the settlers of Plymouth Colony were 
Separatists, who believed that the Church should be 
wholly separated from the State. But the Puritans who 
settled Massachusetts Bay believed that the civil officers 
had authority in church matters ; and therefore they 
taxed all to support the church, and made laws to com- 
pel people to go to church. They made and rigorously 
enforced laws against Sabbath breaking, swearing, and 
intemperance. 

The Loss of the Charter. — Charles II of England was 
having no end of trouble with the Puritans in England, 
and soon began to take measures to restrain the indepen- 
dent spirit of the Puritan colony of Massachusetts Bay. 
He sent royal commissioners to investigate this and other 
colonial governments. Finally, in 1684, Massachusetts 
was declared to have forfeited her charter. Sir Edmund 
Andros was sent over as governor of all New England, 
and under his tyrannical rule popular government in the 
colonies was suspended for a time. But at last a revolu- 
tion took place in England, and the New England colo- 
nists seized and imprisoned Andros and his friends. 

The Province Charter. — Massachusetts Bay now tried 
to get back its old charter, but the king thought it too 
liberal, and gave a new one that united the colonies of 
Massachusetts Bay, Plymouth, Maine, and Nova Scotia 
under one government. 



12 THE GOVERNMENT OF THE NEW ENGLAND STATES. 

This charter gave to the king the appointment of a gov- 
ernor, a deputy governor, and a secretary. Twenty-eight 
councilors, appointed at first by the king, afterward by the 
general court, with the house of deputies chosen as be- 
fore by the towns, formed the legislature. 

Great power was given to the governor. He was 
commander of the militia and appointed all military 
officers. He sanctioned the choice of councilors, and, 
with the consent of the council, appointed all judicial 
officers. He could also assemble and adjourn the general 
court. 

The right of suffrage was limited to men who owned 
real estate "worth two pounds sterling a year or personal 
property worth forty pounds." 

At this time the general court revised the judicial 
department, and instituted a system of higher and lower 
courts that was much the same as we have to-day. 

TOPICAL OUTLINE OF CHAPTER. 

The Rise of Town and County Governments est Massachusetts. 

I. The town the distinctive feature of New England government. 
II. Origin of the town. 

i. Its variations. The manor and the parish — in England. 
2. The parish, the forerunner of the New England town. 
III. Rise of towns and counties in Plymouth Colony. 

i . Plymouth's first government a combination of the English parish 
and county. 

2. Mention of Scituate and Duxbury in 1636, and permission given 

to towns to manage local matters. 

3. Beginning of representation, 1638. 

4. Revision of laws and frame of government, 1671. 

5 . Separation of judicial from legislative and executive departments. 



THE RISE OF TOWN AND COUNTY GOVERNMENTS. 1 3 

6. Outline of government under revision of 1671 : — 
Executive department : Governor and Assistants — elected 

annually. 

Legislative department : General Court — a meeting of all the 
freemen. 

Judicial department : Court of Assistants at Plymouth. Select- 
men in each town had power to try small cases. 

7. Formation of counties. 

8. Plymouth united with Massachusetts Bay under royal govern- 

ment in 1692. 
IV. Massachusetts Bay Colony settled in 1 628-1 630. 

1. Charter from Charles I; land grant from Council for New 

England. 

2. Settlers chiefly Puritans. 

3. Form of government similar to that of Plymouth; but with 

following differences : — 

(a) A religious qualification for voters. 

(b) A close union of Church and civil government. 

4. Towns were formed and represented by deputies as early as 

1634. 

5. Beginning of bicameral legislative body in 1644. 

6. Organization of counties. 

7. Character of Puritan legislation. 

8. The loss of charter and popular government. 
(a) The government of Andros. 

9. The Province Charter, 1691, uniting Plymouth, Massachusetts 

Bay, Maine, and Nova Scotia. 

10. Outline of government under Province Charter: — 
Executive department : Governor, Deputy Governor, Secretary, 

appointed by the king. 
Legislative department : Twenty-eight Councilors, appointed 
at first by the king, afterward by the General Court. Deputies, 
chosen by the towns. 
Judicial depai'tment : Superior Court, Court of Common Pleas, 
Court of Sessions, Justices of the Peace. (All officers of 
the judicial department appointed by the governor with the 
consent of the council.) 

1 1 . Property qualification of voters. 



CHAPTER III. 

THE RISE OF TOWN AND COUNTY GOVERNMENTS IN 
NEW ENGLAND (Continued). 

Connecticut, New Haven, and Rhode Island 
Colonies. 

Connecticut Colony. — The first permanent settlers in 
Connecticut were from Massachusetts, — chiefly from the 
Bay Colony, — who, in the years 1634-1636, made homes 
for themselves on the rich soil of the lower valley of the 
Connecticut River. These first settlements were at Wind- 
sor, Wethersfield, and Hartford. The general court of 
Massachusetts Bay Colony, believing that the settlements 
were in its territory, commissioned eight prominent citizens 
to govern them for a year. Four years later, in 1639, 
the freemen of these settlements met at Hartford, and, 
through the inspiration and advice of the Rev. Thomas 
Hooker, adopted a written constitution in which they de- 
clared their independence of all external authority. This 
constitution, called the Fundamental Orders of Connecticut, 
is " the first truly political written constitution in history." 1 
To-day written constitutions form the basis of government 
both of the United States and of each individual State. 
The written constitution is the corner stone of government 
of the people by the people, and is fittingly called " America's 
gift to the world." 

1 Bryce, "The American Commonwealth." 
14 



THE RISE OF TOWN AND COUNTY GOVERNMENTS. 1 5 

The Fundamental Orders provided for two meetings of 
the general court each year. At the first meeting all 
the freemen assembled to elect a governor and six magis- 
trates. To the second meeting, each town sent four repre- 
sentatives to act with the governor and magistrates in 
making the laws. Judicial powers were exercised by the 
magistrates. 

The government established under this constitution was 
much like that of Massachusetts Bay Colony, except that 
there was no religious qualification for voters. 

In this same year power to choose selectmen and other 
officers was granted to the towns ; and they were permitted 
to direct their local affairs, in the main, as they saw fit. 
To the selectmen of the several towns was given power to 
decide cases at law where the amount in dispute was small. 

New Haven Colony. — New Haven was settled in 1638 
by a company of wealthy Puritans from England under 
the leadership of John Davenport and Theophilus Eaton. 
The government set up by them differed from that of the 
Connecticut Colony in that only church members were 
given the rights of freemen. These freemen elected a 
governor and four magistrates, and composed the general 
court. The general court and the four magistrates 
carried on the legislative and judicial business of the 
colony. 

Men from New Haven settled the towns of Milford, 
Guilford, and Stamford. These towns soon united with 
the parent town under a written document which they 
called the Fundamental Agreement. In 1643, the gen- 
eral court, made up of deputies from the four towns, 



1 6 THE GOVERNMENT OF THE NEW ENGLAND STATES. 

adopted a more detailed plan of government, similar to 
that of the Connecticut Colony, but of course adapted 
to their restricted right of suffrage and church policy. 

A Comparison of Connecticut and New Haven Colonies. 

— While these colonies were alike in many ways, the fol- 
lowing points of individuality may be noted : — 





Connecticut Colony 


New Haven Colony 


Suffrage 


Practically universal 


Restricted to church members 


Church and 
State 


Separate 


Nearly the same 


Source of 
authority 


The people 


The Scriptures 


Form of 
government 


A democracy 


An aristocracy 



Union of Connecticut and New Haven Colonies. — In 

1662, Connecticut Colony obtained from Charles II of 
England a charter and a grant of territory which included 
all the towns of the New Haven Colony. The latter 
colony was, naturally, unwilling to give up its separate 
existence and unite with Connecticut Colony ; especially 
since in so doing it could no longer narrowly limit the 
right of suffrage, or maintain its close relations between 
church and civil government. For the charter was very 
liberal and granted the right of suffrage to all adult males 
of good reputation who owned real estate to the value of 
twenty pounds. But finally, in 1665, New Haven yielded, 
and the two colonies united under the title of the "English 
Colony of Connecticut in New England." 



THE RISE OF TOWN AND COUNTY GOVERNMENTS. 1 7 

Formation of Counties, — Soon after the union of the 
colonies, counties were formed for the better administration 
of justice, and courts were held at regular intervals by the 
assistants residing in each county. Appeals from the 
decision of these courts might be carried to the central 
court of assistants, which was held at Hartford. 

The government of the colonies after their union may be 
outlined as follows : — 

Executive department : — 

Governor, Deputy Governor, Twelve Assistants. 

Legislative department : — 

_ . f Governor and Assistants, and 

General TX . _ . , 

, , \ House of Deputies (two representatives 
Assembly . , / , v F 

[ from each town). 

Judicial department : — 

Central Court of Assistants held at Hartford, 
County Courts held in each county by resident Assist- 
ants. 

Rhode Island. — The first settlements in Rhode Island 
were made by religious refugees from Massachusetts Bay 
Colony. Providence was settled by Roger Williams and a 
few companions in 1636. As the settlement grew, civil 
business was carried on in general meetings of the free- 
men, who agreed to be governed " only in civil things " by 
a majority vote of the heads of families. In 1640, five 
men, who were called disposers instead of selectmen, were 
chosen to direct the affairs of the colony. They were 
required to meet each month, and held office for three 
months only. These disposers did not act as judges, as 
c 



1 8 THE GOVERNMENT OF THE NEW ENGLAND STATES. 

the selectmen in other colonies did ; but when the settlers 
had legal disagreements they chose arbitrators who were 
given full power to settle disputes. A citizen who was not 
satisfied with any action of the disposers could request 
the call of a special town meeting. 

The government of the Providence settlement was the 
most purely democratic of all in New England. 

Settlements were made at Portsmouth by William Cod- 
dington and others in 1638, and at Newport in 1639; an d 
town and county governments developed in Rhode Island 
much as they did in Massachusetts and Connecticut. The 
county first appears as a judicial unit in 1703. 

Portsmouth and Newport were united in 1640, and were, 
in turn, united with Providence in 1663 under a charter 
from Charles II. 

In the Rhode Island charter, as in the Connecticut char- 
ter, the king reserved no authority for himself ; although 
in later years his successors to the English throne tried 
to exercise authority over these colonies. 

The executive officers of the colony were a governor, a 
deputy governor, and assistants. They also held courts at 
Providence and Newport for carrying on judicial business. 

The legislature was composed of the executive officers 
and deputies chosen by the towns. 

TOPICAL OUTLINE OF CHAPTER. 
Connecticut, New Haven, and Rhode Island Colonies. 

I. Connecticut Colony, 1634-1636. 

1. Founded by people from Massachusetts Bay. 

2. The first constitution — America's gift to the world — 1639. 

3. Towns granted power to manage local affairs. 



THE RISE OF TOWN AND COUNTY GOVERNMENTS. 1 9 

4. Government under constitution : — 

Executive department : Governor and six magistrates, elected 

by freemen. 
Legislative department : Governor and magistrates, and four 

representatives from each town. 
Judicial department: Magistrates. Selectmen in towns to 
decide small cases. 
II. New Haven Colony, 1638-1641. 

1 . Right of suffrage limited to church members. 

2. New Haven, Milford, Guilford, and Stamford united in 1643. 

3. Comparison of Connecticut and New Haven Colonies. 

4. Union of these colonies and formation of counties. 

5 . Outline of government of colonies after union. 
III. Rhode Island, 1636-1639. 

1. The early government of Providence, completely democratic. 

2. Union of Providence, Portsmouth, and Newport in 1663 under 

charter from Charles II. 

3. Complete self-government granted by this charter. 

4. Outline of government : — 

Executive department : Governor, Deputy Governor, Assistants. 

Legislative department : The magistrates, and deputies chosen 
by the towns. 

Judicial department : The magistrates held courts at Provi- 
dence and Newport. 



CHAPTER IV. 

CAUSES OF THE DEVELOPMENT OF THE TOWN IN 
NEW ENGLAND. 

The Governmental Unit in New England, the Town ; in 
Virginia, the County. — From this brief study of the growth 
of government in the New England colonies, we have 
learned that the town early became, as it now is, the dis- 
tinctive feature of New England government. We have 
also found that the county was organized a little later as 
a convenient judicial unit. 

In Virginia and other Southern colonies where planters 
owned large plantations and settled, not in groups, but here 
and there at long distances from one another, the county 
became the civic unit. 

The chief causes for the development of the town as 
the civic unit in New England were : — 

i. The early New England settlers came to this coun- 
try in congregations ; and they naturally built their houses 
close about their churches. 

2. The hilly land, the hard, rocky soil, and the inhospi- 
table climate of New England made small farms the rule. 
A settler's entire energy must be devoted to a small section 
of land, if he would be sure of his crops ; while in Vir- 
ginia the milder climate and the rich, broad fields made it 
possible to cultivate large plantations. 



CAUSES OF THE DEVELOPMENT OF THE TOWN. 21 

3. The widely varying quality of the New England soil 
was another cause of the more or less widely separated 
settlements that grew into towns. For when a colony in 
its growth had occupied all the good farming land immedi- 
ately available, like a swarm of bees from the hive, the 
hardy and courageous young men of the colony would 
seek and settle better land, though compelled to journey 
many miles to find it. 

4. The Indians were always a grave peril in New 
England. It was necessary for the settlers to live close 
together for their common defense. Nearly all the early 
New England settlers had a stockade, or fort, in which 
they might hastily seek protection when a band of Indians 
descended upon their homes. A cabin miles away from 
this stockade was at the mercy of the Indians, and could 
not long survive. 

The colonial charters gave all power of government to 
the general courts of the several colonies, but as soon as 
outlying towns sprang up, the general courts became 
representative assemblies, and allowed local government to 
grow up in the towns. To these towns the general courts 
soon gave full sanction to govern themselves through men 
of their own choice — their selectmen. 

Now that we have had a glimpse of the growth of the 
town and county government in New England, let us pro- 
ceed to study the government of the New England town 
as it is to-day. 



CHAPTER V. 
THE NEW ENGLAND TOWN OF TO-DAY. 

The Colonial Town compared with the Modern Town. — 

In all important points the government of the New Eng- 
land town to-day is similar to that of colonial times. But 
the town of the present has exactly denned territory ; and 
during recent years the State has laid new and important 
duties upon it. 1 

The Town has a Twofold Function. — The town is the 
unit of government for managing, under the laws of the 
State, its local affairs ; it is also the servant of the State, 
which intrusts to it the enforcement of certain State laws 
and the carrying on of certain business, such as the collec- 
tion of State taxes and the support and management of 
schools. The town is also the unit of representation in 
the State legislature, and so has a part in the larger 
government of the State. 2 

We may define a town, then, as "a body corporate, 
occupying a definite portion of territory, and exercising 
local jurisdiction under the control of the State." 3 

1 See Professor A. B. Hart, "Actual Government," p. 172. 

2 In some of the States the larger towns have several representatives, and 
the smaller towns are grouped and represented by one man. See p. 80. 

3 Martin, " Civil Government," p. 207. 



THE NEW ENGLAND TOWN OF TO-DAY. 23 

There is still in New England much territory not yet 
organized and incorporated into towns. 

Vermont has eight unorganized "towns" and "gores." 
New Hampshire has unorganized districts known as " gores," " loca- 
tions," and " purchases." 

In Maine there are about 75 organized " plantations," which may be 
described as rudimentary towns, 12 unorganized plantations, 348 un- 
organized " townships," 1 1 " grants," 3 " surpluses," 3 " gores," and 1 
" tract." — Professor William McDonald, " Government of Maine," 
p. 62. 

The Town Meeting. — The most important and most 
characteristic feature of the town is the town meeting. 
Once a year, usually in March or April, 1 all the voters 
of a town meet in the town hall to elect officers for the 
coming year, to appropriate money 2 for public expenses, 
thus determining how much they will tax themselves for 
the public good, and to discuss and enact administrative 
measures and by-laws. 

Through the town meeting all citizens have an op- 
portunity to become acquainted with public affairs, to 
hear matters of local importance discussed by the ablest 
speakers of the town, and to decide what shall be their 
attitude on public questions. In the town meeting every 
voter has an equal opportunity to influence by his argu- 
ment, as well as by his vote, the policy of the town. It 
has been remarked that the town meeting is a school, in 

1 It is interesting to note that in Saxon times the town meeting was held 
at this season of the year, because one of the principal functions of the assem- 
bly was to parcel out by lot the common land for sowing and planting as the 
spring opened. 

2 In Rhode Island the town meetings for election of town officers and for 
town appropriations are held separately and in various months — generally, 
however, in April, May, or June. 



24 THE GOVERNMENT OF THE NEW ENGLAND STATES. 

which men are trained in public speaking, in independent 
judgment upon public affairs, in the principles of self- 
government, and in patriotism. 

" In the old New England town meeting every man is 
conscious of his sovereignty, and counts for all he is 
worth, and all business and elections are done above board 
and by unquestioned majorities. Simple, direct, and demo- 
cratic, this form of government is the . . . ideal of free 
institutions." 1 

Besides the annual meeting, town meetings are held for 
the election of county and State officers, 2 and at such other 
times as the selectmen may think necessary. In some 
States selectmen are obliged to call a meeting also upon 
petition of a certain number of voters. 

The Warrant. — Town meeting is held at some central 
place, usually the "town house," under a warrant 3 issued 
by the selectmen to a constable of the town, directing him 
to notify the legal voters to meet at a specified place and 
time to act upon certain matters set forth in the warrant. 
Matters may be placed in the warrant by the selectmen, 
or upon petition of a certain number of legal voters ; and 
no other business can be legally transacted at this meet- 
ing. 

The following warrant from a Massachusetts town will 
serve to illustrate the kinds of business transacted in a 

1 D. M. Wilson, in " Where American Independence Began." 

2 In Vermont the meeting held in March for town business is called the 
" town meeting," while the meetings held in September of the even years to 
elect representatives and meetings held in November, in each year whose 
number is divisible by four, to elect presidential electors are called " freemen's 
meetings," and are presided over by the first constable instead of a moderator. 

3 In Vermont it is called a "warning." 



THE NEW ENGLAND TOWN OF TO-DAY. 25 

town meeting, and, if carefully studied, will answer many 
questions regarding town government : — 

COMMONWEALTH OF MASSACHUSETTS. 

Bristol, SS. 

To either of the Constables of the Town of Dartmouth, GREETING : 

In the name of the Commonwealth of Massachusetts, you are hereby 
directed to notify and warn the inhabitants of the Town of Dartmouth, 
qualified to vote in the election of Town Officers and in Town affairs, 
to meet at the Town House in said Dartmouth, on Monday, the sixth 
day of April next, at nine o'clock in the forenoon, then and there to act 
on the following articles ; viz. : 

Article 1 . To choose a Moderator to preside at said meeting. 

Art. 2. To choose all necessary Town Officers for the ensuing year, 
viz. : Town Clerk, Treasurer and Collector of Taxes, one Selectman 
and Overseer of the Poor for three years, one Assessor for three years, 
one member of School Committee for three years, Surveyor of Highways, 
Town Auditors, Constables, Fence Viewers, a Town Agent (with power 
and authority to institute new lawsuits, if necessary, and to defend suits 
which are now pending or may be hereafter commenced), one Trustee of 
Free Public Library for three years, a Tree Warden for one year ; and 
also to vote on the question : " Shall Licenses be granted for the sale of 
Intoxicating Liquors in the Town?" The form of the Ballot shall be 
"Yes" or "No." 

Art. 3. To see if the Town will adopt the list of Jurors as prepared 
by the Selectmen. 

Art. 4. To determine the amount to be allowed the Treasurer and 
Collector of Taxes for his services. 

Art. 5. To vote a sum of money for support of poor. 

Art. 6. To vote a sum of money for support of schools. 

Art. 7. To vote a sum of money for incidental expenses. 

Art. 8. To vote a sum of money for ordinary repairs of roads and 
bridges. 

Art. 9. To vote a sum of money for road incidentals. 

Art. 10. To vote a sum of money for soldiers 1 and sailors' relief. 

Art. n. To vote a sum ol money for town officers' salaries. 

Art. 12. To vote a sum of money for Superintendent of Schools. 



26 THE GOVERNMENT OF THE NEW ENGLAND STATES. 

Art. 13. To vote at what time the Tax bills shall be delivered to the 
collector. 

Art. 14. To vote what price shall be allowed for labor on the highway. 

Art. 15. To vote a sum of money for free public libraries. 

Art. 16. To vote a sum of money for memorial purposes, agreeable to 
the petition of Geo. R. Read and sixty-nine others. 

Art. 17. To vote a sum of money for transporting scholars. 

Art. 18. To vote a sum of money for the support of the Southworth 
Library, agreeable to the petition of J. G. Baker and fifteen others. 

Art. 19. To see if the Town will vote to build a new schoolhouse at 
South Dartmouth Village, and if so voted, to appropriate a sum of 
money for the same. And take any other action which may be necessary. 

Art. 20. To see if the Town will vote to instruct the single Highway 
Surveyor in employing labor on highways to give preference to legal 
voters instead of to Unnaturalized Citizens, agreeable to the petition of 
Elbridge L. Faunce and twenty-four others. 

Art. 21. To see if the Town will vote to appropriate the sum of one 
hundred dollars to repair the old Town Hall. 

Art 22. To see if the Town will vote to accept the layout of Bolton 
Road as laid out by the Selectmen, and if so voted, to appropriate a 
sum of money to build the same. 

Art. 23. To see if the Town will vote to accept the Auditors' report. 

And you are directed to serve this Warrant by posting up attested 
copies of the same, ten days at least before the time of holding said 
meeting, at the usual places of posting up warrants. 

Hereof fail not and make due returns of this Warrant, with your 
doings thereon, to the Town Clerk, at the time and place of holding 
said meeting. 

Given under our hands this twenty-first day of March in the year one 
thousand nine hundred and three. 



Chas. W. Howland, 1 • , , , 

_ _ 6electme7i of 

Job S. Gidley, 

J as. Allen, 2d, 



_ _, 1 •jeicti.men uj 

i. ,' [ Dai'tmouth. 



The constable serves the warrant as the by-laws of the 
town direct by posting attested copies of it in public 
places at least seven days before the date on which the 
meeting is called. He indorses upon the warrant the 



THE NEW ENGLAND TOWN OF TO-DAY. 2J 

statement that he has properly served it, and returns it to 
the town clerk. At the time specified, the town clerk 
calls the meeting to order, and reads the warrant which 
forms the legal basis of the town's action. Having read 
the warrant, with the officer's return, the town clerk pre- 
sides during the choice by ballot of a moderator, who acts 
during this meeting and its adjourned sessions as the pre- 
siding officer. The meeting then proceeds to elect offi- 
cers for the ensuing year. In most New England States, 
the State law requires that the clerk, selectmen, assessors, 
treasurer, constables, and school committee be elected by 
ballot ; other officers may be elected as the town desires. 
A New England town of medium size elects annually 
the following officers, who constitute its executive depart- 
ment : — 

Clerk ; 

Selectmen, three, five, seven, or nine ; 

Assessors, 1 three or more ; 

Collector of Taxes ; 

Treasurer ; 

Constables, 2 one or more ; 

Overseers of the Poor, three or more ; 

School Committee, three or multiple of three ; 

Superintendent of Streets, or one or more High- 
way Surveyors or Road Commissioners ; 

Field Drivers, and Pound Keepers; 

Fence Viewers, two or more ; 

Surveyors of Lumber, one or more ; 

Measurers of Wood ; 

Auditors, one or more. 

1 In Vermont called " listers." 2 In Rhode Island called " town sergeant." 



28 THE GOVERNMENT OF THE NEW ENGLAND STATES. 

In some New England towns registrars of voters, trustees of the 
public library, tree wardens, fire wardens, town agents, and various 
other officers are chosen. 

In Vermont the town clerk, the selectmen, and justices of the peace 
of any town constitute a " Board of Civil Authority," whose duties are 
to nominate jurors, appoint and remove certain town officers, correct 
check lists, and, acting with the listers, to abate taxes. 

Let us make a brief study of the duties of the most 
important town officers. 

Selectmen. 1 — The selectmen are the chief executive 
officers of the town. Their principal duties are : — 
i. To issue warrants for town meetings, and to preside 
at meetings for the election of State and national 
officers. 2 

2. To lay out highways. 

3. To grant licenses. 

4. To make up jury lists and draw jurors. 

5. To represent the town in its dealings with county 

and State, and in suits-at-law. 3 

6. To act as assessors, board of health, and overseers 

of the poor in small towns where these officers are 
not elected. 

Town Clerk. — The town clerk is, as the name indi- 
cates, the public secretary. His principal duties are : — 
1. To keep a record of all the votes in town meeting, 
and to administer the oath of office to the other 
town officers who are elected. 

1 In Rhode Island they are called the Town Council ; and they meet 
regularly once a month. 

2 In Vermont the first constable presides at these meetings. 

3 In some States the town agent prosecutes and defends suits in which 
the town is a party. 



THE NEW ENGLAND TOWN OF TO-DAY. 29 

2. To record all votes for State and county officers, and 

to make proper returns. 

3. To record births, marriages, and deaths. 

4. To issue marriage certificates and burial permits. 

5. To license dogs. 

6. To record mortgages of personal property and as- 

signments of wages. 

Assessors. — The assessors are among the most impor- 
tant of the town officers. The just assessment, as well as 
the wise appropriation and honest expenditure of taxes, 
is very vital to good government. The assessors are 
bound by oath to perform their duties impartially and 
according to law. Their chief duties are : — 

1. To determine the valuation of property, real and 

personal, and to levy taxes thereon, at a rate suf- 
ficient to raise the amount voted by the town 
meeting. 

2. To make a list of the men liable to be assessed for 

poll tax. 

A poll tax, in most States two dollars, is assessed annually, on a 
specified day (the first of May in Massachusetts) upon each male in- 
habitant over twenty years old in the place where he lives. 

The law describes very minutely taxable property and the manner 
of apportioning the taxes. In general, taxable property includes lands 
and buildings, goods, chattels, money (on hand or at interest), ships 
and vessels, stocks and bonds, and income from employment ; but 
most of this is subject to exemption under certain conditions, in the 
different States. 

Tax Collector. — The collector of taxes is furnished with 
a tax list and warrant specifying his duties, and proceeds 
to send bills to the citizens. If a tax is not paid within 



30 THE GOVERNMENT OF THE NEW ENGLAND STATES. 

a certain time, the collector may seize the property, and 
after giving public notice, sell it, and turn over to the 
owner whatever may be left of the proceeds after taking 
out the tax and the cost of collecting. 

Treasurer. — The town treasurer receives the taxes from 
the collector, and takes charge of all money belonging to 
the. town, and pays it out upon the order of proper officers. 
He must report to the town annually his receipts and 
disbursements. 

Overseers of the Poor. — In the statutes of each State is 
found a law requiring all towns and cities to care for 
the poor and needy living within their territory. The 
overseers of the poor (or the selectmen where separate 
officers are not chosen) have the care of the support 
and the employment of the poor dependent upon the 
town ; they employ a keeper and have charge of the 
almshouse ; and they represent the town in its dealings 
with other towns in matters pertaining to the support of 
paupers. 

Constable. — The chief duties of the constable or con- 
stables are : — 

i. To arrest all persons charged with crime, and to hold 
such persons pending trial. 

2. To serve warrants and writs, and to summon wit- 

nesses and jurors. 

3. To perform many police duties in towns where there 

is no police force. 

4. In some towns, the constable acts as collector of 

taxes. 



THE NEW ENGLAND TOWN OF TO-DAY. 3 1 

Auditors. — Each town elects one or more officers to 
examine the town accounts and the accounts of all its 
officers or committees who handle the public funds, and 
report annually. Auditors can hold no other office. 

School Committee. — The statutes require each town to 
elect by ballot a school committee. This committee usually 
consists of three members or a multiple of three, one third 
of which is elected annually. In most of the States, women 
may serve upon this board. 

The school committee has general charge of the schools 
of the town. Their chief duties are : — 

1. To examine, hire, and dismiss teachers. 

2. To build and care for schoolhouses. 

3. To arrange courses of study, and to provide for grad- 

ing and promoting pupils. 

4. To select the text-books to be used, and, where these 

are furnished by the town, to buy them. 

The committee may elect a superintendent to perform 
some or all of these duties under their direction. Several 
towns may unite and employ a superintendent. 

Superintendent of Streets. — Towns care for their roads 
in various ways. Sometimes they elect a board of high- 
way commissioners, sometimes " surveyors " for different 
districts, and sometimes the selectmen appoint a superin- 
tendent of streets who acts under their direction. This 
officer has in charge all repairs of streets, bridges, and side- 
walks, and the care of shade trees. 

Field Drivers. — Every town chooses one or more field 
drivers, whose business it is to take charge of stray animals, 



32 THE GOVERNMENT OF THE NEW ENGLAND STATES. 

and (if there is no pound keeper) care for them, and adver- 
tise for their rightful owners. If a pound keeper is chosen, 
the field driver turns the stray animals over to his care. 
The owner must pay the charges for the care and adver- 
tising, or the animals may be sold at auction to cover these 
expenses. 

Fence Viewers. — These officers settle disputes between 
owners of adjoining estates regarding "line fences." 

Sealers of Weights and Measures. — Sealers of weights 
and measures receive the standard weights and measures 
from the town treasurers, who are supplied with them by 
the State treasurers, who in turn receive them from the 
United States government. The statutes forbid the use 
of weights and measures not vouched for by the sealers. 
These officers annually notify all persons using weights 
and measures to bring them to be tested and adjusted. 
When this has been done, the officer puts a mark or seal 
upon them. 

Judicial Department. — Generally speaking, the courts 
through which justice is administered are under special 
control of the State, and they will be discussed under the 
judicial department of the State; but some form of the 
minor or lowest circle of courts, viz., trial justices, police 
court, or district court, has jurisdiction over minor cases 
in every town. Justices of the peace are elected by the 
towns of Vermont and Connecticut. But these are no 
longer the important officers they once were ; they have 
authority to administer oaths, and, when especially com- 
missioned to do so, may issue warrants and take bail, and 
join persons in marriage. 



THE NEW ENGLAND TOWN OF TO-DAY. 33 

TOPICAL OUTLINE OF CHAPTER. 

The New England Town of To-day. 

I. The colonial town compared with the town of to-day. 

1 . The modern town has exactly defined territory. 

2. The State has laid upon it many new duties. 
II. The twofold function of the town. 

1 . To manage local affairs. 

2. To carry out laws and perform certain duties for the State. 

III. The town meeting. 

1. Its influence on the citizens. 

2. The town warrant, illustrating the threefold business of the 

town meeting, viz. : — 
(a) To elect town officers. 

(J?) To 'pass by-laws. V 

(c) To appropriate money, thus fixing the rate of taxation. 

IV. A list of officers elected and their chief duties. 
V. Judicial department. 



CHAPTER VI. 
VILLAGES AND BOROUGHS. 

Villages. — Incorporated villages are found in some of 
the New England States — particularly in Maine and Ver- 
mont. Vermont has between forty and fifty of these. 
Village charters, outlining the frame of government and 
enumerating the officers and their duties, are granted by 
the State legislature. The village officers are usually three 
or more trustees or bailiffs, a clerk, assessors, and some- 
times a village president. 1 A village is a thickly settled 
portion of a town. It is organized chiefly for financial and 
not governing purposes. 2 Its function is to provide for 
the protection, convenience, or improvement of this small 
territory, the expense of which the town as a whole is un- 
willing to assume. It is a sort of incipient city, and may 
organize and maintain a fire department, police force, 
waterworks, sewers, sidewalks, and lighting plant. But its 
inhabitants, unlike those of a city, are still subject to the 
regulations of the town, and take part in its government. 

Boroughs. — In Connecticut there are municipal com- 
munities called boroughs, very similar to incorporated 
villages, and owing their existence to the same causes. 
Borough charters differ from one another in details, but in 
general they call for an annual borough meeting in which 
a warden, from four to six burgesses, a clerk, a treasurer, 
a bailiff or constable, three assessors, and an auditor are 
elected. 

1 Landon, p. 27. 2 McDonald, p. 185. 

34 



CHAPTER VIL 
CITIES. 

Growth of Cities in United States. — The growth of towns, 
villages, and boroughs into cities, and of small cities into 
large ones, is one of the most striking facts in the political 
history of the United States. 

The first United States Census was taken in 1790. At 
that time, there was only one city, Philadelphia, with a 
population of more than 40,000. In 1900, there were 93 
cities of over 40,000, and three of these had over a million 
inhabitants each. In 1790, only one-thirtieth of the popu- 
lation of the United States lived in cities. To-day about 
one-third of all the people of this country live in cities. 
This remarkable growth of cities is parallel with, and in a 
large measure due to, the wonderful development of trades, 
commerce, and manufactures in the United States. 

The various problems of city government are to-day the 
greatest civil problems which confront the people of this 
country. 

Necessity for City Government. — There are two chief 
reasons why town governments are changed to city gov- 
ernments : — 

1. When a town, village, or borough becomes large, its 
simple form of government becomes inadequate for the 

35 



36 THE GOVERNMENT OF THE NEW ENGLAND STATES. 

protection, service, and control of its inhabitants. A form 
of government must be adopted that can cope with the 
problems of police and fire service ; of protection of 
health ; of public water, streets, lighting, schools, libraries, 
parks ; of institutions of correction and charity ; of munici- 
pal franchise ; and of taxation and finance. 

2. When a community has become so large that its 
voters cannot assemble in one place and carry on public 
business in the democratic manner of the town, some form 
of representation must be adopted. 

When a community finds itself confronted with these 
conditions, it may apply to the State legislature for a city 
charter. 

The city, like the town, is a creature and agent of the 
State, but at the same time is a means for limited local con- 
trol and for providing for the safety and welfare of its 
inhabitants. 1 

The City Charter. — The charter is the fundamental law 
of the city and gives it its particular form of government. 
It stands in somewhat the same relation to the city that 
the constitution does to the State, although, of course, the 
constitution is self-imposed by the people of the State, 
while the city charter comes from an external authority 
which may change it or take it away altogether. 

In New England it is customary for a charter to be 
drawn up to meet the wishes of each individual city, and 
the State legislature grants it by special act. Therefore 
the charters, and hence the forms of government, of New 
England cities vary greatly. 

1 Wilcox, "The Study of City Government," p. 91. 



cities. 37 

We can, therefore, study together only the general fea- 
tures of the New England city. The student should, 
however, acquaint himself with the government peculiar 
to the city in which, or near which, he lives. A guide to 
such study will be found at the end of this chapter. See 
also the following chapter upon the city of Boston. 

Wards and Precincts. — Each city, for convenience in 
voting, is divided into districts, called wards. The num- 
ber of these is specified in the charter. These wards, if 
small, are voting precincts ; if large, they are divided into 
precincts, and for each precinct the mayor and aldermen 
appoint the following officers : — 

i. A warden and a deputy warden ; 

2. A clerk and a deputy clerk ; 

3. Two or more inspectors (in Massachusetts four) and 

deputy inspectors. 

These officers are appointed from the two larger politi- 
cal parties. The duties of the warden are similar to those 
of the moderator of a town meeting ; he receives the bal- 
lots from the city clerk, and, after the voting is over, with 
the help of the inspectors, he sorts and counts the ballots, 
and takes them, with the unused and spoiled ballots and 
the check lists, back to the city clerk. 

Executive, Legislative, and Judicial Departments of City- 
Government. — In city government there is a somewhat 
clear-cut separation between executive, legislative, and 
judicial departments. These departments may be roughly 
outlined as follows : — 



38 THE GOVERNMENT OF THE NEW ENGLAND STATES. 

Executive Department: The mayor, together with the 
various other city officers, departments, boards, commis- 
sioners, etc. 

Legislative Department : The city council, consisting of 
the mayor and aldermen, and the common council. 

Judicial Department ; Police (city or district) courts. 

Mayor. — The mayor is the chief executive of the city, 
and is elected by the voters, usually for one year (in 
most cities of Connecticut for two years). The mayor is 
responsible for the enforcement of the laws, and has gen- 
eral supervision over the work of the various city officers, 
boards, and departments. In most New England cities 
the mayor is the presiding officer of the board of aldermen, 
and of the city council when the two boards meet in con- 
vention, but has no vote except in case of a tie. The 
mayor has veto power over all legislation passed by the 
city council, but a law may be passed over his veto, usually 
by a two-thirds vote of both chambers. It is his power of 
veto rather than his seat in the board of aldermen which 
gives the mayor his chief influence over legislation. 

Mayor and Aldermen. — The mayor and aldermen form 

a board which exercises much the same powers in cities as 

do the selectmen in towns. The powers and duties of this 

board, however, vary greatly in different parts of New 

England. The most common powers of the board are : — 

i. To control police matters; all police officers are 

appointed by the mayor subject to the approval of 

the aldermen. 1 

1 Boston and some other large cities have a police commission appointed 
by the governor and council. 



cities. 39 

2. To issue warrants for ward meetings. 

3. To approve jury lists and draw jurors. 1 

4. To lay out, alter, and care for streets. 

5. To call a general meeting of the voters of the city. 

Compare these duties with the duties of the selectmen 
of a town. 

Council. — The city council is the law-making body. 
In most New England cities it is a two-chambered (bicam- 
eral) body, composed of the board of aldermen, called the 
upper house or branch, and the common council, called the 
lower house or branch. 

The members of the board of aldermen are usually chosen by all the 
voters, one or more being selected from each ward. Some cities also 
choose a certain number of aldermen at large. 

The members of the common council are more numerous, and are 
usually chosen by wards. Many New England cities (particularly those 
in Connecticut) choose aldermen and councilmen for two years, one- 
half of the body retiring each year. Most New England cities, how- 
ever, still elect the members of these bodies annually. 

Where the city council has but one chamber, it is sometimes called 
the "city council," and sometimes the "board of aldermen." 

The powers of the council are given to it by the State leg- 
islature, and are set forth in the charter and in the general 
statutes. These powers may be classified under two heads : 

1. Making local laws or ordinances. 

2. Managing the finances of the city. 

The city council represents the people, and should carry 
on the business of the city as the voters themselves would, 
if they still met in town meeting. 

1 The jury lists are made up by the registrars of voters in Massachusetts 
cities except in Boston, where the election commissioners have this duty (see 
page 53)- 



40 THE GOVERNMENT OF THE NEW ENGLAND STATES. 

The chief duties of the city council are : — 

i. To determine the amount of money to be raised and 

appropriated (subject to the debt limit set by the 

statutes). 

2. To create public offices, to fix salaries, and in some 

cases to elect men to fill the offices. 

3. To construct and care for public buildings and other 

public works. 

4. To pass ordinances for the safety, order, and welfare 

of the public. 

Method of Legislation in a City Council. 

The method of legislation differs somewhat in the various 
New England cities ; and if the student lives in or near a 
city, he should make a special study of the legislation in 
that city. 

Standing Committees. — In order to facilitate legislation, 
each branch of the city council at the beginning of the 
municipal year appoints standing committees, and the 
branches together appoint joint standing committees. 
Most matters that come before the city council are referred 
to the proper standing committees for investigation and 
consideration. 

After a committee have considered the proposed legisla- 
tion, they report the matter to the council with their recom- 
mendation for action. The following are a few of the 
standing committees of a New England city council, which 
which will serve to show the composition and duties of such 
committees : — 



CITIES. 41 

STANDING COMMITTEES. 
Of Board of Mayor and Aldermen. 

Committee on Composed of 

Laying out and repairing streets, Mayor and two aldermen. 

Licenses, Three aldermen. 

Police, Mayor and two aldermen. 

Of Common Council. 

Bills in second reading, Three councilmen. 

Elections and returns, Three councilmen. 

Joint Committees. 

Buildings in fire district, Two aldermen and three councilmen. 

Charities, almshouses, and the ] _ , , . . ., 

!- Two aldermen and three councilmen. 
poor, j 

Roads, bridges, and sewers, Two aldermen and three councilmen. 

City property, Two aldermen and three councilmen. 

Fire department, Two aldermen and three councilmen. 

f The mayor and one alderman, 
Finance, -j The president of common council and 

[ five councilmen. 

The laws passed by a city council are called 01'dinances. 
A proposed ordinance before it is passed is called a bill. 
In the making of ordinances each branch of the council 
can exercise a check upon the other ; that is, a bill in 
order to become an ordinance must be passed by a ma- 
jority vote in each branch. 

Concurrent and Joint Votes. — When each branch of a 
bicameral legislative body votes separately, one after the 
other, upon any matter, as instanced above, it is a con- 
current vote ; when they unite and vote together, it is a 
joint vote. 

Steps in the Making of an Ordinance. — Any member of 
either branch of a council may present a bill. In most 



42 THE GOVERNMENT OF THE NEW ENGLAND STATES. 

cities the rules of the council require that a bill shall have 
two (in some cities three) readings, no two of which shall 
be had on the same day. The following routine, pursued 
by a New England city in the making of its ordinances, 
will serve to illustrate the method in use in all cities : — 
i. Introduction of bill by a member. 

2. First Reading, by president or clerk. 

3. Referred to Committee on Bills in Second Reading. 

4. This committee considers the bill and reports to 

council " Ought to pass," or " Ought not to pass." 

5. Second Reading of the bill (which maybe by title 

only). 

6. Referred to the Committee of Enrolled Ordinances. 

This committee scans the wording and phrasing 
of the bill, makes a " fair copy," and reports it 
ready for action. 

7. The vote now is upon the question, — Shall the bill 

be ordained '? If the bill is passed, 

8. It is signed by the president of the branch in which 

it has passed and sent to the other branch, where 
it goes through a similar routine. If passed by 
the second branch, 

9. It is laid before the mayor for his approval by the 

clerk of the upper branch, who is, in most cities, 
the city clerk. 
10. Ordinances are usually printed in the daily papers 
of the city a certain number of times before they 
go into effect. They are also printed and bound 
with the city charter. 



CITIES. 



43 



No. 4. 

CITY COUNCIL. 

Calendar 
for thursday, march 9, 1905. 



Unfinished Business., 

1 1 . Order $2000 medical inspection under direction 

of Board of Health. 
2,9,05. In Common Council. Adopted and 

sent up for concurrence. 
2,9,05. In Board of Aldermen. Laid on the 

table. 
16. Order. Special appropriation $7000, credit 

New Bedford Textile School. 
2,23,05. In Common Council. Adopted and 

sent up for concurrence. Yeas 18, nays o. 
2,23,05. In Board of Aldermen. Laid on the 

table. 

New Business. 

19. Order. Relative to Return of Births by Physi- 

cians. 

20. Order. Temporary Loan $500,000. 

21. Communication. Cumberland Naval Veterans, 

asking for $50 for Memorial Day. 

22. Order. Transfer $50 from Unappropriated 

Funds to credit "Incidentals" for the pur- 
pose of aiding the Cumberland Naval Vet- 
erans Association in defraying the expenses 
of Memorial Day. 



A City Council Calendar, showing the business to be 

TRANSACTED AT A REGULAR SESSION. 



44 THE GOVERNMENT OF THE NEW ENGLAND STATES. 

The Police, Fire, and School Departments are usually under 
the control of boards, each with a chief or superintendent 
chosen by the board. The police and fire boards are usually 
appointed by the mayor, although in Boston, as in some 
other large cities, the police board is appointed and con- 
trolled by the State. The school board is elected by the 
voters, usually by wards. 

Other Officers. — The city clerk, treasurer, collector, as- 
sessors, auditor, solicitor or attorney, superintendent of 
streets, and city physician are usually elected by joint or 
concurrent vote of the council ; although in some cities some 
of these officers are elected by the voters. They have duties 
similar to those of the same officers in towns. A large num- 
ber of inferior officers, such as fence viewers, pound keepers, 
surveyors of wood, inspectors of commodities, commissioners 
of waterworks, trustees of public libraries, and other boards, 
are appointed by joint or concurrent vote of the council, or 
are appointed by the mayor, subject to confirmation by the 
aldermen. Whether the mayor and council have much or 
little appointive power depends upon whether the city is 
of the "centralized" or the "non-centralized" type. 

Judicial Department. — City courts, like town courts, form 
a part of the State judicial department, and will be further 
discussed in the chapter on the State Judiciary. 

Cities have courts, variously named police, district, 
municipal, and city courts. They consist of a justice, and 
one or two associate justices who hold court in the absence 
of the justice. These courts have jurisdiction in civil cases 
where the amount at issue does not exceed a certain sum 
($1000 in Massachusetts), and in criminal cases where the 
law allows but a short imprisonment or a small fine. In 
all cases appeals are allowed to the superior court. 



CITIES. 45 

The Boston municipal court has a chief justice, seven associate justices, 
and two special justices ; it has jurisdiction to the amount of $2000, and its 
territory is the central part of the city. There are seven similar courts 
in the outlying districts of Boston, and one in Brookline. Hartford has 
both a city and a police court, the judge of the former being appointed 
by the common council of the city. 

Comparison of Town Government with City Government. 

— In the town we have seen that all the voters meet to 
act upon matters of legislation ; but in the city, the city 
council is the legislative body. At the head of the execu- 
tive department of the town stands the board of selectmen; 
but the mayor is at the head of the executive department in 
the city. The inferior officers are elected for the most part 
in towns by the voters in town meeting ; but in the city 
these officers are largely elected by the city council, or are 
appointed by the mayor subject to confirmation by the board 
of aldermen. In other words, town government is almost a 
pure democracy, while city government is representative. 

TOPICAL OUTLINE OF CHAPTER. 

Cities. 

I. Growth of cities in United States. 

The problems of city government the greatest civil problems of 
the day. 
II. The reasons for city government. 

1. Town government inadequate. 

2. Town meetings inconvenient. 

III. The charter the fundamental law of the city. 

1. Granted by the State legislature. 

2. Wards and precincts, and their officers. 

IV. Executive, legislative, and judicial departments of city government. 

1. Mayor. 

(a) Mayor and aldermen. 

2. The city council, composed of 
(a) Mayor and aldermen, 

(£) Common council. 



46 THE GOVERNMENT OF THE NEW ENGLAND STATES. 

V. Method of legislation in a city council, 
i. Standing committees. 

2. Concurrent and joint vote. 

3. Steps in making ordinances. 

VI. Police, fire, and school departments. 

VII. Other officers, — how appointed ; duties. 

VIII. Judicial department. 

IX. Comparison of town and city governments. 



OUTLINE FOR STUDYING THE GOVERNMENT OF 
A CITY. 

The machinery of the city government in actual operation should be 
the basis of all study. The student should visit every department of 
the government a sufficient number of times to gain a general idea of its 
constitution and operation. It is best to begin with the legislative de- 
partment. A fairly clear knowledge of the working of this department 
will require several visits, while many of the executive offices may be 
inspected, in a general way, in a single afternoon ; and one or two 
visits to the local court will be sufficient. 

Besides the text-book, there are needed for such study the following 
documents : — 

The city charter and ordinances, 

The municipal manual, 

A map of the city containing the ward lines, 

Copies of the city council calendar, 

Copies of bills in the various stages of their progress, 

The annual reports of all the administrative boards and departments, 

The printed forms used in the offices of the clerk, treasurer, auditor, 
and board of assessors, 

A copy of a declaration of taxable property, 

A tax bill, 

A check list of voters in each ward of the city, 

A copy of the tally sheets and records used at the polls for making 
returns to the city clerk, 

Sample ballots used at city, State, and national elections, 

A full set of legal forms used in civil and criminal cases, 

A quitclaim and a warranty deed, and 

A complete file of legal notices from the daily papers. 



cities. 47 

I. The Legislative Department. 

i . Learn the official name of the city legislature ; if it has two 
chambers, learn the name of each. 

2. Learn the number of members and the officers of each chamber, 

how they are chosen, for how long, what qualifications they 
must have, and what salary they receive. 

3. What are the two principal classes of business transacted by 

the city legislature ? For what purposes may it levy taxes 
and appropriate money ? Regarding what subjects may it 
pass ordinances ? 

4. Find out the number of standing and joint standing committees 

of the body, and get some idea of the kind of work they do. 

5 . What powers of appointment or of confirmation of appointments 

has the legislature or either branch of it? Compare the powers 
of the city council in this respect with those of the mayor. 

6. What control has the city council over the administrative de- . 

partments, such as the street department, the water board, or 
the school committee ? 

7. What power has the legislature to make contracts and to grant 

franchises ? 

8. Study the powers and duties of the legislature regarding the 

bonded debt and the sinking fund. 
II. The Executive Department. 

1. What is the mayor's official title ? What is his term of office, 

and how is he elected ? What is his salary ? 

2. What are his chief duties as executive head of the city govern- 

ment ? 

3. What power to make appointments has he ? How are his 

powers of appointment limited ? State the various ways that 
appointments to office are made in your city. 

4. How can the mayor influence legislation ? 

5. Make a list of heads of departments, and mention their chief 

duties. 

6. What executive powers has the board of aldermen ? 
III. The Judicial Department. 

1 . What courts are there in the city, and over what kind of cases 

have they jurisdiction ? Is the judgment of these courts final ? 

2. How are the judges and the clerks chosen ? For how long terms? 

3. Outline the steps in the trial of a civil and of a criminal case. 



CHAPTER VIIL 

THE CITY OF BOSTON. 1 

The government of Boston may be profitably studied : — 
(i) Because its history illustrates the growth of city 
government in all New England cities. 

(2) Because even a brief study of its various lines of 
activity, its great undertakings, and the vast and compli- 
cated machinery with which it accomplishes them gives 
us some idea of the problems of a great city. 

Town of Boston in 1822. — In 1822, Boston had grown 
to be a town of 45,000 inhabitants, 7000 of whom were 
voters. The town had been divided into twelve wards. 
There were "nine selectmen, whose chairman generally 
had charge of the police ; twelve overseers of the poor ; 
thirty fire wards ; twelve school committeemen ; twelve 
members of a board of health, — one chosen by each 
ward ; twenty surveyors of boards ; six fence viewers ; six 
cullers of hoops and staves ; nine cullers of dry fish ; four 
field drivers ; three inspectors of lime ; two surveyors of 
hemp; two surveyors of wheat; two assay masters; a 
town treasurer, and a town clerk." 2 

1 Of course, teachers will understand that pupils are not expected to commit 
to memory the statistical data of this chapter. The chapter is intended for a 
type study. And it is thought that pupils will be interested to compare the 
government of their own city, in the points here given, with that of Boston. 

2 James M. Bugbee, in Johns Hopkins University Studies, Fifth Series, 
III, p. 20. 



THE CITY OF BOSTON. 49 

Inadequacy of Town Government. — The machinery of 
town government had come to be entirely inadequate. No 
hall would accommodate a meeting of all the voters. If 
a considerable portion of the voters attended a town meet- 
ing, only a few could get near enough to the moderator to 
take an active part in the business that was being trans- 
acted, or even to understand what was going on. So it 
came about that only the town officers and a few person- 
ally interested voters attended town meetings. It had be- 
come evident to thoughtful men that the purely democratic 
form of town government must be abandoned, and some 
form of representative government adopted in its place. 

Reluctance of Voters to adopt City Government. — Th<* 
voters of the town were very reluctant to give up their 
town meeting; and when, on March 4, 1822, the last act 
of the Boston town meeting was to accept the new charter 
that had been granted by the State legislature in the 
previous February, the vote — 2797 in the affirmative, and 
1 88 1 in the negative — shows how strong the feeling 
against the change was. " Not a few of the old residents 
who had fought under the eyes of Washington in the field, 
and under the eyes of Samuel Adams in the town meet- 
ings, looked upon the act which divided their great folk- 
mote into twelve separate and silent gatherings, where 
men delegated their rights to others, as the beginning of 
the end of democratic government." 1 

The First City Charter. — The city charter left the 
number of wards still twelve, and each of these formed a 
voting precinct. The chief executive of the city was a 

1 James M. Bugbee, in Johns Hopkins University Studies, Fifth Series, 
III, p. 23. 

E 



50 THE GOVERNMENT OF THE NEW ENGLAND STATES. 

mayor, who should be chosen annually. The legislative 
body of the city consisted of eight aldermen chosen at 
large, and forty-eight councilmen, four of whom were 
chosen from each ward. The wards chose also one school 
committeeman, one overseer of the poor, and three fire- 
wards each. The mayor presided over the board of alder- 
men ; and the councilmen chose a president from their 
own number. To these bodies, representing the people, 
was given the power to transact the legislative business 
that had hitherto been carried on by the voters in town 
meeting. The city council also chose the assessors, the 
auditor, the engineers of the fire department, the super- 
intendent of streets, and many other inferior officers. 

Revision of Charter. — In 1854 the charter was revised; 
and this revised charter, with numerous amendments since 
made, constitutes Boston's fundamental law. A compari- 
son of the above outline of the first charter with the out- 
line of the present government which follows, will show 
that the general tendency of the changes has been to 
increase greatly the mayor's power and to restrict the 
powers of the city council. 

Present Government of Boston. — At the present time 
the mayor's term of office is two years, and his salary is 
$10,000. He has power to appoint and remove many offi- 
cers and boards, and to veto measures passed by the city 
council. His veto is not absolute ; but it requires a two- 
thirds vote of the council to pass measures over it. His 
approval is required to make valid any contract or convey- 
ance of city property. All acts of the school board necessi- 
tating the expenditure of money must be approved by him. 



THE CITY OF BOSTON. 5 I 

The city is now divided into 25 wards, containing from 
six to ten voting precincts each (in all 194). There are 13 
aldermen and 75 common councilmen. Business is trans- 
acted largely by committees. There are nine standing 
committees and three special committees of the board of 
aldermen, and two standing committees and two special 
committees of the common council. There are 34 joint 
standing committees, each consisting of five aldermen and 
eight councilmen, whose business is to " examine, as often 
as they deem necessary, the accounts of public moneys re- 
ceived and expended by the several departments." There 
are nine joint standing committees on the following: — 

Appropriations. Ordinances. 

Claims. Police. 

Finance. Printing. 

Legislative Matters. Public Lands. 

Schools and Schoolhouses. 

There are also eight joint special committees upon celebra- 
tion of holidays, rules and orders, the mayor's address, etc. 

The following table 1 enumerates the offices of the city 
of Boston, and tells how they were created, whether by 
charter or ordinance, and gives the officers and heads 
of departments. It describes how they are elected or 
appointed, and gives the time of election or appointment, 
the terra of office as prescribed by statute or ordinance, 
and the salary received by each. 

All officers appointed by the mayor are subject to con- 
firmation by the board of aldermen, except those whose 
titles are starred. 

1 From the Boston Municipal Register for 1904. 



52 THE GOVERNMENT OF THE NEW ENGLAND STATES. 







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58 THE GOVERNMENT OF THE NEW ENGLAND STATES. 



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THE CITY OF BOSTON. 59 

If we keep in mind that this table gives only the princi- 
pal officers and the heads of departments, and that there 
is a small army of superintendents, assistants, and secre- 
taries that are not mentioned, we may get some idea of 
the vast complexity of the city's machinery, and of the 
enormous expense of running it. 

JUDICIAL DEPARTMENT. 

Municipal Court of Boston : — 

Chief Justice. Two Special Justices. 

Seven Associate Justices. Two Clerks. 

District Municipal Courts, having one Justice and two Special Jus- 
tices and a Clerk in each of the following : — 
Brighton District. Roxbury District. 

Charlestown District. South Boston District. 

Dorchester District. West Roxbury District. 

East Boston District. 

All justices and clerks are appointed by the Governor. 

TOPICAL OUTLINE OF CHAPTER. 
The City of Boston. 

I. The town of Boston in 1822. 

1. Inadequacy of town government. 

2. Reluctance of voters to adopt city government. 
II. The first charter. 

III. Revision of charter in 1854. 

IV. The present government of Boston. 

V. Table enumerating the chief legislative, executive, and adminis- 
trative offices, and showing how they were created ; also showing 
how the officers are elected, and giving the length of their terms 
o'r office and their salaries. 
VI. Judicial department. 

1. Municipal courts, — central and district. 



CHAPTER IX. 

COUNTIES. 

The County Chiefly a Judicial Subdivision. — We have 
seen how the early colonists brought with them the idea 
of the county as they had known it in England; and how, 
for the better administration of justice, counties began 
to be formed very soon after the colonies were planted. 
While the town grew to be the chief legislative and execu- 
tive unit in New England, the larger area of the county 
was adopted as the most convenient judicial unit. There- 
fore the legislative powers of the county are, as we should 
expect to find them, very limited. Even in the six New 
England States, there exists considerable difference in the 
machinery and functions of county government. But we 
may define the county in a general way as a group of 
adjacent towns organized and incorporated for convenience 
in the administration of justice, and for attending to a few 
other matters, pertaining chiefly to highways, bridges, etc. 

In Rhode Island, the county seems to be simply a judicial area for 
holding courts and for electing a sheriff and the clerks of courts. In 
Vermont, the county court has especial powers in regard to highways. 
In Connecticut, the county is more important, but its financial adminis- 
tration is largely in the hands of a joint assembly of the State senators 
and representatives of the county, who make appropriations for county 
expenses and apportion the county taxes upon the towns. Maine and 
Massachusetts have more highly developed county governments, but 
even in these States the county has practically no legislative department ; 
hence its officers are either executive or judicial, and act under the laws 

of the State. 

60 



COUNTIES. 6 1 

County Buildings. — Each county provides its own 
county buildings. 1 These consist of the jail, the court 
house for the county courts, the registries for the record- 
ing and the preservation of deeds, mortgages, wills, and 
court records. The town or city in which these buildings 
are located is called the shire town; some counties have 
two shire towns. 

County Commissioners. — The administrative body of 
the county is a board of commissioners, 2 usually three 3 in 
number, elected by the voters- 4 of the county for three or 
six years, one retiring every year or every two years. 

The commissioners have charge of the county buildings 
in most States. In Maine and Massachusetts, they decide 
upon appropriations of money for the various county ex- 
penses, and apportion the county tax among the towns. 5 
They have power to lay out, alter, or discontinue highways. 

Treasurer. — Each county elects a treasurer, 6 who, be- 
sides receiving and paying out the county's money, has 

1 Boston provides the county buildings for Suffolk County. 

2 There are no commissioners in Rhode Island counties. 

In Massachusetts the mayor and aldermen of Boston and the selectmen of 
Nantucket perform the office of commissioners in their respective counties. 

There are also in Massachusetts two special commissioners in each county 
appointed for three years. 

3 In Vermont there is but one commissioner, whose duties pertain chiefly 
to the sale of intoxicating liquors; he appoints agents in the towns to sell 
liquors for medicinal and chemical purposes. 

* In Connecticut they are appointed by the General Assembly for four years. 

5 For the exercise of this function in Connecticut counties, see p. 6o, note. 
In New Hampshire the " County Convention," composed of representatives 

from the towns, levies the county taxes, and has general authority over the 
commissioners. 

6 The city treasurer of Boston and the town treasurer of Nantucket act as 
treasurers in their respective counties. 



62 THE GOVERNMENT OF THE NEW ENGLAND STATES. 

charge of the standard weights and measures which the 
State furnishes to the county. 

Register of Deeds. 1 — Each county elects one or more 
registers of deeds who have their offices in the registries 
located in the shire towns. It is their duty to record all 
deeds and mortgages brought to them, so that the legal 
title to any real estate in the county may be ascertained at 
any time by anybody. 

Register of Probate. 1 — This officer is elected by the 
county, and has charge of the records, books, and papers 
of the probate court. 

Sheriff. — The office of sheriff is one of the oldest civil 
offices of which we have knowledge, and in some respects 
it is one of the most important. Sheriffs are elected by the 
voters of the counties for terms of from two to four years. 2 

The sheriff's duties include both civil and criminal busi- 
ness. 3 It is his duty : — 

i. To preserve peace in his county. 

2. To apprehend murderers and other criminals, to 

have the care of them, and to produce them in 
court at the proper time. 

3. To summon juries and witnesses. 

4. To have charge of prisoners, juries, and witnesses 

during sessions of the courts. 

5. To execute the sentences of the courts. 

1 The register of deeds and the register of probate are county officers in 
Maine, New Hampshire, and Massachusetts. In other New England States 
their functions are performed by town or district officers. 

2 In Connecticut, four years; in Massachusetts and New Hampshire, three 
years ; in Maine and Vermont, two years. 

3 In Maine, he has especial charge of the enforcement of the liquor law. 



COUNTIES. 63 

6. To serve, either in person or through his deputies, 
the writs and processes of the courts. 

The sheriff appoints his deputies, one of whom is the 
keeper of the jail. 

County Clerk. — The county clerk is usually the clerk of 
the supreme judicial court during its sittings in the county, 
and of the superior court. 1 In Massachusetts he also acts 
as clerk for the county commissioners. 

Other Officers found in some of the States are coroners, 
medical examiners, county attorneys or State's attorneys, 
prosecuting agents, and health officers. Vermont counties 
have a high bailiff, who performs the duties of the sheriff, V 
if for any cause the sheriff becomes disqualified. 

Summary of County Officers. 

Commissioners (usually three), Register of deeds, 2 

Treasurer, Register of probate, 2 

Clerk of Courts, Coroner, 

Sheriff, Medical examiners, 

County attorney. 

TOPICAL OUTLINE OF CHAPTER. 

Counties. 

I. The county a judicial subdivision with minor administrative 

powers. 
II. County buildings and shire towns. 
III. County officers and their duties. 
1. Summary of county officers. 

1 In Vermont, for the court of chancery also. 

2 In Rhode Island, Connecticut, and Vermont these are town or district 
officers. 



CHAPTER X. 

THE TRANSITION OF NEW ENGLAND COLONIES INTO 
STATES. 

A Brief Survey of New England Colonial Governments in 
1774. — As we traced the growth of town and county gov- 
ernments in the colonies before we proceeded to study 
these institutions as they now exist, so let us glance briefly 
at the development of the New England States from colo- 
nies before we proceed to study their present governments. 

Just previous to the beginning of the Revolutionary War 
(1774), Massachusetts, Rhode Island, and Connecticut had 
charter governments. Their charters were really written 
constitutions which the English sovereign was bound to 
respect. In the government of each colony, the people 
were represented by an assembly chosen by them, and 
their representatives chose the governor's council. Rhode 
Island and Connecticut chose their own governors and 
may be said to have had a truly republican form of govern- 
ment. In Massachusetts, the governor was appointed by 
the king of England, and popular government was in other 
ways restricted. 

New Hampshire was a royal province. 

The people of Vermont, then known as " the New Hamp- 
shire grants," "were nominally under the jurisdiction of New 
York, but practically independent, obeying only the orders 
of their committees and of their cherished town meetings." 1 

1 Landon, " History and Civil Government of Vermont." 
64 



THE TRANSITION OF COLONIES INTO STATES. 65 

Maine was then a part of Massachusetts, from which it 
was not separated until 1820. 

We may very briefly outline the governments of these 
colonies at that time as follows : — 

CHARTER GOVERNMENTS. 
Rhode Island, Connecticut, Massachusetts (including Maine). 

Legislative department : The governor's council, or upper house, chosen 
by the legislature. House of deputies, or lower house, chosen by 
colonists. Veto by governor. 

Executive depa?'tment : Governor, chosen by colonists in Rhode Island 
and Connecticut ; appointed by the crown for Massachusetts. 

Judicial department : Judges, chosen by colonists in Rhode Island and 
Connecticut ; appointed by governor with consent of the council in 
Massachusetts. 1 

ROYAL GOVERNMENT. 

New Hampshire. 

Legislative department: Council appointed by crown or governor. 

House of deputies chosen by colonists. Veto by governor and by 

crown. 
Executive department : Governor appointed by the crown. 
Judicial department : Judges appointed by crown or governor. 

Massachusetts. — Massachusetts may well be called the 
mother of the New England States. Her constitution, 
drafted by John Adams, was the model for New Hamp- 
shire, and in later years left its imprint upon the constitu- 
tions of Connecticut, Maine, and Rhode Island. 

In the quarrel of the colonies with the mother country 
Massachusetts had been among the first to show the spirit 
of independence, and hence was the first to feel the dis- 
pleasure of the British crown. 

The regulating act passed by the British Parliament in 
1774 practically suspended popular government in Massa- 



66 THE GOVERNMENT OF THE NEW ENGLAND STATES. 

chusetts. By this act the appointment of councilors was 
given to the king, and the appointment of all judicial 
officers to the governor, who since 1692 had been appointed 
by the king. Another act provided for transporting per- 
sons to England for trial. The colonists were forbidden 
to hold town meetings without the permission of the gov- 
ernor. The Massachusetts colonists emphatically denied 
the right of Parliament to annul their charter or to change 
their representative form of government. 

In October, 1774, Governor Gage called upon the towns 
for an election of deputies to the general court, but he 
dissolved the court before the time of meeting. The 
deputies, however, met at Salem, organized into a provin- 
cial congress, and chose John Hancock president. This 
body discussed the affairs of the province, and appointed 
an executive committee, " The Committee of Safety." 

On June 9, 1775, the Massachusetts colony, by advice 
of the Continental Congress, chose a council to govern 
them, " until a governor of his Majesty's appointment will 
consent to govern the colony according to the charter." 
This council administered the affairs of the colony until 
1780. In this year a convention of delegates, chosen by 
the people, prepared a constitution. This was ratified by 
a vote of the people, and the State government of Massa- 
chusetts was organized in October, 1780, with John 
Hancock as first constitutional governor. Under this con- 
stitution, with its thirty-six amendments, made from time 
to time, Massachusetts is still governed. 

New Hampshire. — The New Hampshire colony had no 
charter. Therefore, upon the withdrawal of its governor, 



THE TRANSITION OF COLONIES INTO STATES. 67 

John Wentworth, the colony, acting on the advice of the 
Continental Congress, chose a representative body to draw- 
up a temporary constitution (January 5, 1776). 

This was the first frame of State government adopted 
by any of the thirteen original States. The permanent 
constitution under which, with its amendments, New 
Hampshire is still governed, was not adopted till 1783, 
three years after Massachusetts had adopted her constitu- 
tion. This constitution was very closely modeled after 
that of Massachusetts ; many of its provisions were copied 
almost word for word from John Adams's masterly work. 

Rhode Island. — The charter of Rhode Island (grantecL 
by Charles II in 1663) was so satisfactory to her people, 
that in May, 1776, her legislature simply passed an act 
renouncing allegiance to the British crown ; and Rhode 
Island continued to be governed under this instrument till 
the adoption of a constitution in November, 1842. Thus 
this charter existed as the chief law of Rhode Island for 
179 years. 

Connecticut. — The charter of Connecticut, like that of 
Rhode Island, was so satisfactory to her people that, after 
the outbreak of the Revolutionary War, the general 
assembly passed the following statute : — 

" Be it enacted by the governor and council and house of represen- 
tatives, in general court assembled, that the ancient form of civil gov- 
ernment contained in the charter from Charles II, King of England, and 
adopted by the people of this state, shall be and remain the civil con- 
stitution of this state, under the sole authority of the people thereof, 
independent of any king or prince whatever ; and that this republic is, 
and shall forever remain, a free, sovereign, and independent state, by the 
name of Connecticut." 



68 THE GOVERNMENT OF THE NEW ENGLAND STATES. 

Vermont. — In 1777, a series of conventions met, and the 
last one, July 2, at Windsor, framed a constitution, and 
appointed a "Council of Safety." This constitution went 
into effect March 12, 1778; and the government was 
organized with Thomas Chittenden as first governor. 
From 1777 to 1791, Vermont existed as an independent 
State. It coined money, made commercial treaties with 
Canada, established post offices and mail routes, and was 
in every way a sovereign State. Vermont petitioned Con- 
gress many times for admission to the Union, under the 
Articles of Confederation, but owing to various jealousies 
was not admitted till 1 791, when it became the fourteenth 
State, the first admitted after the adoption of the Federal 
Constitution. 

Maine. — Since Maine was a part of Massachusetts, her 
colonial history has been already touched upon. When, 
in 1780, Massachusetts began her statehood under a con- 
stitution, she gave the " District of Maine " privilege to 
send four senators to the general court, and allotted to it 
one-tenth of her revolutionary debt. 

As early as 1786, the people of the District of Maine 
began to agitate the question of separation from Massa- 
chusetts ; but it was not until 18 19 that, upon the petition 
of many towns of the district, the general court granted 
separation. A convention was held and a constitution 
drawn up, and, in 1820, Maine was admitted one of the 
States of the Union. 

Written Constitutions the Safeguard of Civil Liberty. — 

In this brief review of the growth of New England colo- 
nial governments into State governments, we see that the 



THE TRANSITION OF COLONIES INTO STATES. 69 

same ideas of civil liberty and self-government were opera- 
tive in all. But the people were cautious, and thought 
that their officers, the agents of the people, no less than 
those of the British crown, should be restrained by safe- 
guards. Therefore they adopted written constitutions. 

TOPICAL OUTLINE OF CHAPTER. 

Transition of New England Colonies into States. 

I. New England colonial governments at the beginning of the 
Revolution. 

1. Massachusetts, Rhode Island, and Connecticut under charter 

governments. 

2. New Hampshire under royal government. 

II. Massachusetts the first to feel the displeasure of the British^ 
crown. 

1. Her loss of popular government under the Regulating Act. 

2. Meeting of the Provincial Congress at Salem. 
(a) The Committee of Safety. 

3. Government under the Council of 1775. 

4. Adopts her constitution in 1780. 

III. The temporary constitution of New Hampshire (1776). 

1. Her permanent constitution, modeled after that of Massachu- 
setts, adopted in 1783. 

IV. Rhode Island governed under her original charter until the 

adoption of her present charter in 1842. 
V. Connecticut governed under her original charter until the adoption 

of her present charter in 1818. 
VI. Vermont. 

1. Constitutional conventions of 1777. 

2. Present constitution in effect in 1778. 

3. Existed as an independent State till admission to the Union 

0790- 
VII. Maine. 

1. A district of Massachusetts till 18 19, when separation was 

granted, and her constitution adopted. 

2. Admitted to the Union in 1820. 

VIII. Why the colonists thought written constitutions necessary. 



CHAPTER XI. 
PRESENT STATE GOVERNMENTS IN NEW ENGLAND. 

State Constitutions. 

What a Constitution is. — At the close of the foregoing 
chapter, we saw how the colonists, just freeing themselves 
from England's arbitrary rule, thought of the constitution 
chiefly as a safeguard against their governing authorities. 
And as a brief definition, we may say that a constitution 
is the law by which the State controls the government, 
or, in other words, the law by which the people control 
their officers. But it is something more than that. The 
constitution is the fundamental law by which the State 
controls both its government and its members. It pro- 
tects the citizen from injustice both at the hands of the 
officers of the people and at the hands of the people 
themselves. 

The constitutions of the New England States, like those 
of all the older States, left to the control of their legis- 
latures many things which now, as the more recent con- 
stitutions of the Southern and Western States show, are 
being put into State constitutions. Among these matters 
are, for example, the control of municipal and other cor- 
porations, of public debt, of public land, of town and 
county organization. New England State constitutions 

70 



PRESENT STATE GOVERNMENTS. 7 1 

are therefore much briefer than many of the newer con- 
stitutions. 

General Features of State Constitutions. — The constitu- 
tions of the New England States differ somewhat in length, 
and in the amount of specific detail given in each. But 
we may classify their contents under four heads : (i) the 
preamble, (2) the bill of rights, (3) the frame of govern- 
ment, (4) miscellaneous provisions. 

1. The preamble states : — 

(a) The object of government, — to secure the wel- 

fare of the people. 

(b) The source of government, — the will of the 

people. 

2. The bill of rights, based upon the Magna Charta, 

declares equality of rights, and enumerates those 
rights of the people that the government is bound 
to respect. Some of these are : — 

(a) The right of self-government. 

(b) The accountability of officers to the people. 
{c) The right of personal protection. 

(d) Freedom from taxation without consent of people. 

(e) The right to free, complete, and prompt justice. 

(f) The right to security from unreasonable search 

and seizure of person and papers. 

(g) Freedom from excessive bail and excessive 

punishments. 
(h) The right to trial by jury. 
(i) Freedom of speech. 
(J) The right of people to assemble and to petition 

the legislature. 



72 THE GOVERNMENT OF THE NEW ENGLAND STATES. 

3. The frame of government enumerates the three de- 

partments of government, — legislative, executive, 
and judicial, states how they shall be constituted, 
and mentions in detail their functions. 

4. Miscellaneous provisions provide for the control of a 

variety of matters, such as the qualification of voters, 
education, impeachment, and the militia; they con- 
tain a definition of treason ; they give the form of 
the oaths of office, and fix the style of enactment, 
i.e., the formal words with which every law shall 
begin ; and, finally, they provide a method of 
amending the constitution itself. 

It is particularly this part of the more recent constitu- 
tions mentioned above that has been so greatly enlarged. 

Constitutional Amendment. — One of the miscellaneous 
provisions mentioned — that which provides for amending 
the constitution — deserves especial attention. 

There are two chief steps in the process of amending 
a constitution: (1) The proposal, setting forth the exact 
words of the proposed amendment ; (2) the ratification. 
The first step is generally taken by the legislature. 

New Hampshire's legislature, however, cannot propose amendments ; 
the constitution provides that every seven years the selectmen of the 
towns shall put into the warrant an article calling for a vote upon the 
question whether or not there is need of a revision of the constitution. 
If the majority of those voting favor a revision, the General Court must 
call a convention to revise the constitution. 

In Massachusetts a proposal to amend the constitution must pass 
two consecutive legislatures (by a majority of all the senators, and by 
two-thirds of all the representatives present and voting) before it can 
be submitted to the people. 

In Connecticut the proposal to amend the constitution must come 
from the house of representatives, be continued to the next General 



PRESENT STATE GOVERNMENTS. 73 

Assembly, and then pass both branches by a two-thirds majority, before 
it is submitted to the voters at large. 

Much the same method is followed in Vermont, except that the 
proposal must originate in the senate. 

The ratification is by popular vote. A simple majority 
ratifies in all the States except Rhode Island ; there a 
three-fifths majority is necessary. 

Every pupil should study the constitution of his own 
State and compare it with these general features, and also 
with the detailed description of the frame of government, 
its functions, its officers, and their duties, as described in 
the three following chapters. An outline for the guidance 
of such study is given at the end of Chapter XIV. See 
also Appendix C. 

TOPICAL OUTLINE OF CHAPTER. 

Present State Government in New England. 

State Constitutions. 

I. Definition of a constitution. 

The older constitutions compared with more recent ones. 
II. Classification of the contents of constitutions, 
i. The preamble. 

2. The bill of rights. 

3. The frame of government. 

4. Miscellaneous provisions. 
III. Amendment of constitutions. 

1 . The proposal generally by the legislature. 

2. The ratification generally by popular vote. 



CHAPTER XII. 

PRESENT STATE GOVERNMENTS IN NEW ENGLAND 

(Continued). 

The Legislative Department. 

The law-making body of the State is a legislature 1 com- 
posed of a senate and a house of representatives. Its 
powers are, stated in a general way : — 

1. To enact laws. 

2. To constitute courts of justice. 

3. To levy taxes. 

4. To control expenditures of the State. 

5. To provide for the election or appointment of officers 

whose election is not provided for in the constitu- 
tion ; and to prescribe their duties. 

The Senate. — The senate has fewer members than the 
house of representatives ; the number ranges from twenty- 
four in New Hampshire to forty in Massachusetts. 2 

Qualifications of Senators. — Various qualifications are 
demanded of members of the upper branch in the different 
New England States. In Massachusetts, the senator must 
have been an inhabitant of the commonwealth for five 
years immediately preceding his election. 

1 Called General Court in Massachusetts and New Hampshire, and 
General Assembly in Vermont, Rhode Island, and Connecticut. 

2 See Appendix B for full table of comparison. 

74 



PRESENT STATE GOVERNMENTS. 75 

Besides requiring one year's residence in the State, and three months' 
residence in the district, Maine requires her senators to be at least 
twenty-five years old. Vermont and New Hampshire set the age at 
thirty years, and New Hampshire demands also a residence of seven 
years immediately preceding election. 

Senatorial Districts. — Members of both houses are 
chosen by popular vote, but there is great variety in the 
methods of determining the territory that each member 
shall represent. In Massachusetts, the general court at 
its first session after the taking of the State census 
(which occurs at intervals of ten years after 1865) divides 
the State into forty districts of contiguous territory so that 
they shall contain as nearly as possible an equal number 
of voters ; but, however, no town or ward of a city is to be v 
divided, nor are parts of two counties to be brought into 
one district where it can be avoided. Each district elects 
one senator. 

The method of making senatorial districts in Connecticut is much the 
same, except that the general assembly redistricts the State at the first 
session after the United States Census is taken (1890, 1900, 1910, etc.) 
and that the districts are made as nearly equal as possible in number 
of inhabitants, not voters ; there is also the further provision that each 
county shall have at least one senator. 

The thirty senators of Vermont are apportioned to counties, from 
one to four each, according to population ; but every county must have 
at least one, as in Connecticut. 

The senate of Rhode Island consists of the governor and the lieuten- 
ant governor, ex-officio, and thirty-eight members, one from each town 
and city, regardless of size. Thus, in 1903, we find Providence with 
its 175,000 inhabitants and as many millions of property represented 
by one senator, as was the little town of Exeter with its 841 inhabitants 
and its valuation of but half a million. 

New Hampshire presents another extreme of disproportionate repre- 
sentation in her senate by making pj-operty the basis of representation. 
A clause in her constitution says that " the legislature shall, from time 



PRESENT STATE GOVERNMENTS. JJ 

to time, divide the state into twenty-four districts as nearly equal as 
may be without dividing towns and unincorporated places ; and in mak- 
ing this division, they shall govern themselves by the proportion of 
direct taxes paid by the said districts." So that in 1895 we find that 
district No. 1, in the northern part of the State, casting 5072 votes for 
senator, was represented by one man, as was district No. 16, compris- 
ing two wards of Manchester, in which 1445 votes were cast for senator. 
Maine divides her territory into districts, and redistricts every ten 
years from the time of her admission to the Union, 1820, making the 
apportionment according to number of inhabitants. 

Thus we find that members are elected to the senates of 
the New England States upon the following : — 

BASES OF REPRESENTATION. 

In Rhode Island, Towns (regardless of size) ; 

I Senatorial districts, size of which is determined 
In Massachusetts, { , , , . 

by number ot voters ; 

In Maine, Vermont, f Senatorial districts, size of which is determined' 

and Connecticut, by number of inhabitants; 

^ T , . f Senatorial districts, size of which is determined 

New Hampshire, \ , . 

by amount of taxable property. 

Quorum. — A quorum for doing business in either house 
consists of a majority of the members 1 ; but a less number 
may organize temporarily, adjourn from day to day, and 
compel attendance of absent members in such manner and 
under such penalties as each house may prescribe, or by 
law. 

The House of Representatives. — The lower branch of 
the legislative body in the New England States is called 
the house of representatives. It is the branch of the law- 

1 In New Hampshire, "when less than sixteen senators shall be present, 
the assent of ten, at least, shall be necessary to render their acts and proceed- 
ings valid" ; and in Vermont, for raising a State tax, two-thirds of the members 
must be present to constitute a quorum. 



;S THE GOVERNMENT OF THE NEW ENGLAND STATES. 

making body that most perfectly represents the people in 
every section of the State ; and, therefore, the number of 
its members is much greater than that of the senate. 

The number of members in the legislatures of the New England States, 
however, varies from 393 in New Hampshire (the largest house of rep- 
resentatives in any State in the Union), to 72 * in Rhode Island. 

Qualifications of Representatives. — In all the States 
candidates for representatives must, of course, be voters. 
Massachusetts requires that at the time of a man's election 
he shall have resided at least one year in the district for 
which he stands. Maine varies the requirement, demand- 
ing residence in the State one year, and in the town or 
district for which he stands three months, at the time 
of election. Vermont says that in order to be qualified to 
serve as a representative, a man must have resided in 
the State at least two years, during the last of which he 
must have resided in the town for which he is to be 
elected. 

Representative Districts. — In Massachusetts, the legis- 
lature, at its first session after the State census, apportions 
the representatives to the counties according to the num- 
ber of voters in each. Then the county commissioners, 
or a board chosen especially for the purpose, divide the 
county into districts without dividing any town or ward of 
a city. These districts elect from one to three representa- 
tives each, according to the number of voters they contain. 

In Maine, the representatives are apportioned among towns, planta- 
tion, and cities, according to population. Each town of 1500 inhabitants 
is entitled to one representative, a town of 3750 may have two, and so 

1 Massachusetts has 240 representatives, Connecticut 255, Vermont 242, 
and Maine 15 1. 



80 THE GOVERNMENT OF THE NEW ENGLAND STATES. 

on up to places having 26,250 inhabitants, which may choose seven. 
Towns and organized plantations with fewer than 1500 inhabitants are 
grouped in districts having approximately this number. 

In Rhode Island the 72 representatives are apportioned upon the 
basis of population, " but each town or city shall always be entitled to 
at least one member ; and no town or city shall have more than one-sixth 
of the whole number of members to which the house is . . . limited." 

In Vermont each town or city sends one representative to the house, 
thus giving the smallest town power in that body equal to that of the 
largest city. 

The apportionment of representatives in Connecticut, as settled by 
the amendment of the State constitution in 1874, allows each town that 
in 1874 sent two representatives to the legislature to continue to do so; 
and each town that has a population of 5000 or more may send two rep- 
resentatives ; but towns of less than 5000 inhabitants — unless they had 
two representatives in 1874 — may send but one member. The popu- 
lation of towns and cities is determined by the United States Census 
next preceding the election of representatives. Thus, in Connecticut, 
the little town of Union, which in 1900 had a population of 428, has as 
much power to tax New Haven, with its 108,027 inhabitants and its 
great wealth, as New Haven itself has. 

New Hampshire presents some unique features in her apportionment 
of representatives. "Every town or place entitled to town privileges, 
and wards of cities having 600 inhabitants by the last general census 
of the State, taken by the authority of the United States or of this State, 
may elect one representative; if 1800 such inhabitants, may elect two 
representatives ; and so proceeding in that proportion, making 1200 such 
inhabitants mean increasing number for any additional representative." 
And " whenever any town, place, or city ward shall have less than 600 
such inhabitants, the general court shall authorize such town, place, or 
ward to elect and send to the general court a representative such pro- 
portionate part of the time as the number of its inhabitants shall bear 
to 600." 

Privileges Common to Both Houses. — Each house is the 
judge of the election and qualification of its members. 
The members are privileged from arrest, except for trea- 
son, felony, or breach of the peace, during attendance 
upon sessions, or while going to or coming from them; 



PRESENT STATE GOVERNMENTS. 8 1 

and for any speech in debate in either house no member 
may be called to account in any other place. 

Each house chooses its own officers and makes its own 
rules of proceeding ; it may punish non-members for con- 
tempt, and, in most States, punish its own members for 
disorderly conduct ; it may, by a two-thirds majority vote, 
expel a member. 

Peculiar Privileges. — The house of representatives 1 has 
sole power : — 

(a) To order impeachments. 

(b) To originate money bills. 

The senate : — V 

(a) Forms the court to try impeachments made by the 

house. 

(b) Has more or less power in appointing, and in con- 

firming the governor's appointments. 

Sessions and Elections. — Annual sessions are held in 
Massachusetts and Rhode Island, biennial sessions in the 
other States. Elections of State legislatures and of State 
officers are held in the autumn, — annually in Massachu- 
setts and Rhode Island, and biennially in the other States, 
— but the legislatures do not convene till the first week of 
the January following. 2 

Organization. — The ceremonies of organization vary 
somewhat in the different States, but in all of them the 

1 In Vermont, the senate alone can propose amendments to the constitu- 
tion; in Connecticut, this right is vested in the house of representatives. 

2 Vermont State election occurs in September, and its assembly meets on 
the first Wednesday of the following October. 

G 



82 THE GOVERNMENT OF THE NEW ENGLAND STATES. 

members of the houses take oath (or make affirmation) of 
allegiance : — 

i. To the Constitution of the United States. 

2. To the constitution of the State. 

3. To perform faithfully the duties of their offices. 

Legislative Committees. — In our study of city councils 
we found that standing committees were employed as a 
means of facilitating legislation. In State legislatures 
standing committees are used to a still greater extent. At 
the beginning of each legislative session there are appointed 
certain standing committees of the house and of the sen- 
ate, and certain joint standing committees composed of 
members of both houses. Through these committees 
most of the legislative business is done. 

These committees are appointed by the speaker of the house, and 
either by the president of the senate, or are elected by the senate itself. 
There are committees on towns, banks, railroads, education, agriculture, 
fisheries, game, and many other subjects. Sometimes special com- 
mittees are appointed to consider and report upon matters of temporary 
interest. The chairmen of joint standing committees are always sen- 
ators ; but there is a house chairman also, who presides in the chair- 
man's absence. These committees vary in size from three to twenty 
members. 

How the Laws are made. — A measure that is proposed 
to the legislature is called a bill until it is made a law. 
All the New England States except Rhode Island require 
three steps for a bill to become a law : — 

1. It must receive a majority vote in the house. 

2. It must receive a majority vote in the senate. 

3. It must be approved by the governor. 1 

1 In Rhode Island the governor has no veto power. 



PRESENT STATE GOVERNMENTS. 



83 



APPROPRIATION BILL. [Jan. 1905. 



HOUSE 



No. 55. 



Commonfoeaiti) of Jftassacfjusetts. 



In the Year One Thousand Nine Hundred and Five. 



AN ACT 

Making an Appropriation for the Removal of 
Wrecks from Tide Waters. 

Be it enacted by the Senate and House of Repre- 
sentatives in General Court assembled, and by the 
authority of the same, as follows : — ■ 

1 Section i. The sum of fifteen hundred dol- 

2 lars is hereby appropriated, to be paid out of the 

3 treasury of the Commonwealth, from the ordinary 

4 revenue, for the removal of wrecks and other 

5 obstructions from the tide waters, as provided for 

6 by section twenty-two of chapter ninety-seven of 

7 the Revised Laws, during the year ending on the 

8 thirty-first day of December, nineteen hundred 

9 and five. 

(Appropriation 1904, $1,500.) 

i Section 2. This act shall take effect upon its 
2 passage. 



A Bill from the Massachusetts House of Representatives. 



84 THE GOVERNMENT OF THE NEW ENGLAND STATES. 

The Process of Law-making. — There is considerable 
variation in the methods of law-making in the several New 
England States ; but the following outline of procedure, fol- 
lowed by the Massachusetts general court, will give a fairly- 
good idea of the procedure in all the States. 

Introduction of Bills. — Bills may be introduced into the 
legislature in three ways : — 

i. The governor in his message may recommend certain 
legislation ; these recommendations are referred to 
proper committees, which may report bills thereon. 

2. A member of either house may present a bill " upon 

leave," that is, upon the consent of the house of 
which he is a member. 

3. Legislative business may be introduced by petition 

from citizens. Petitions are usually accompanied 
by a bill covering the legislation sought, and are 
presented through some member of the legislature. 

Bills referred to Committees. — Bills introduced in any 
of the above ways are at once referred to the proper com- 
mittees. If a bill is accompanied by a petition, the com- 
mittee to which it is referred usually announces a public 
hearing at a stated time at which both petitioners and 
remonstrants may appear and present their views upon the 
matter. 

These hearings are announced through a Bulletin of Committee 
Hearings, published under the direction of the Joint Committee on 
Rules, twice a week; and, of course, through the newspapers of the 
State. 

Report of Committees. — The committee may report upon 
a bill favorably (" ought to pass ") or unfavorably (" leave 



PRESENT STATE GOVERNMENTS. 85 

to withdraw"); in the latter case a member of the house 
may move to substitute the bill for the report of the com- 
mittee. 

First Reading. — In order to become a law, a bill must 
have three readings, no two of which may be on the same 
day, unless by vote of the house this rule is suspended in 
a particular case. When a bill is reported to either house 
by a committee, the presiding officer reads the title of the 
bill, and if no particular time is set for its consideration, 
announces that if there is no objection it will go into the 
orders of the next day. This is called the first reading. 

The orders of the day, or calendar, is a printed list of ^ 
bills which are to be acted upon. 

Second Reading. — When, on the next day or the day 
set, the bill is reached in due order, the title is read. At 
this time each member is provided with a printed copy of 
the bill. This is called the second reading, and the question 
to be decided is, Shall the bill have a third reading ? At 
this time the bill is discussed upon its merits ; and amend- 
ments may be proposed and either acted upon at once, or 
sent back to the committee for consideration. Suppose the 
majority of the house vote to order a third reading, the bill 
is placed in the hands of the Committee on Bills in Third 
Reading. The business of this committee is to see that the 
bill is drawn in proper form and to report it back to the 
house (or the senate, as the case may be). 

Third Reading. — Then the house proceeds to vote upon 
ordering the bill to be engrossed, that is, written out in 
large round hand upon parchment. At this third reading 



86 THE GOVERNMENT OF THE NEW ENGLAND STATES. 



SENATE. 



Calendar for Thursday, January 19, 1905. 



Senators are reminded that the time for filing petitions, 
memorials, bills, and resolves will expire at 5 o'clock P.M. 
on Saturday, January 21. 



A joint convention of the two branches will be held at 
three o'clock, P.M., for the purpose of listening to an 
Address by the Honorable Henry Cabot Lodge on the Life, 
Character, and Public Services of the late George Frisbie 
Hoar. 

The hour of meeting on Friday will be half -past twelve 
o'clock P.M. 

Orders of the Day. 

16. Bill (H.) making appropriations for salaries and 
expenses in the department of the Secretary of the Com- 
monwealth (House, No. 44). 2d. 

[The committee on Ways and Means reports that the 
bill ought to pass, with the following amendments in 
section 1 : — 

Striking out, in line 41, the word "three," and insert- 
ing in place thereof the word "two"; and 

Striking out, in line 46, the word "two," and inserting 
in place thereof the word "one."] [Parker.] 

17. Bill (H.) making appropriations for salaries and 
expenses in the department of the Treasurer and Re- 
ceiver-General (House, No. 48). 2d. 

[The committee on Ways and Means reports that the 
bill ought to pass, with an amendment in section 1, strik- 
ing out, in line 53, the words "thirty-five hundred" and 
inserting in place thereof the words " three thousand."] 
[Harding.] 



A Page of the Massachusetts Senate Calendar and Orders 
of the Day. 



PRESENT STATE GOVERNMENTS. 87 

also, the bill may be debated and killed, i.e., defeated. 
If, however, the vote is in favor of engrossment, the bill 
goes to the other house, where it passes through the same 
routine. 

Engrossment. — If the bill is ordered to be engrossed by 
the second house also, it is given to an engrossing clerk, 
and after being engrossed, is examined by the Committee 
on Engrossed Bills. 

Enactment. — If this committee find it correct in every 
detail, it is again put before the house and then the senate 
to be formally enacted ; then, after being signed by the 
speaker of the house and the president of the senate, the* 
bill is laid before the governor for his signature by the clerk 
of the senate. 

Governor's Approval. — If the governor signs the bill, it 
becomes a law. If he does not approve, he sends it back 
to the house in which it originated, together with his objec- 
tions ; it may even then, however, become a law by being 
again passed by a two-thirds majority 1 in each house; or 
the governor may keep the bill five 2 days, in which case it 
becomes a law without his signature. 

Amendment. — If, in the course of its passage, a bill is 
amended by the second house, it goes back to the house in 
which it originated. This house votes whether it will con- 
cur in the amendment or not ; if not, a committee of con- 
ference is usually appointed, which tries to settle the matter 
to the satisfaction of both houses. 

1 A simple majority in Connecticut and Vermont. 

2 Three days in Connecticut. 



88 THE NATIONAL GOVERNMENT. 

The Appropriation of Money. — Appropriation bills are 
those which provide for the expenditure of the govern- 
ment's funds, and these bills are in charge of the com- 
mittee on appropriations in each house. 

Below is a list of the principal items in the revenues and 
appropriations for the year ending June 30, 1902. 

Revenues. 

Duties $254,500,000 

internal revenue 272,500,000 

Miscellaneous 36,000,000 

Total' ....... $563,000,000 

Expenditures. 

War Department $111,500,000 

Navy Department 68,500,000 

Indian Bureau ...... 10,000,000 

Pensions ....... 138,500,000 

Interest on public debt 29,000,000 

Civil list and miscellaneous .... 113,500,000 

Total $471,000,000 

The Power to borrow Money. — We have now seen how 
money is provided for the government under ordinary cir- 
cumstances. In extraordinary cases this revenue is not 
sufficient ; accordingly, Congress has been given power by 
Article I, Section 8, Clause 2, To borrozv money on the credit 
of the United States. 

Money is borrowed in most cases by the sale of bonds. 
These are of the same nature as the promissory notes by 
which individuals obtain loans. National bonds state the 
promise of the United States to pay a certain amount, at a 
stated time, with interest. A " registered " bond contains 
the name of the owner, and this is a matter of record at the 



SOME IMPORTANT POWERS OF CONGRESS. 89 

treasury department. When this bond is transferred, 
the record must be changed. " Coupon " bonds are usually 
payable to bearer ; they have attached to them a number of 
coupons equal to the number of interest payments due 
during the term of the bond. 

Bonds are bought and sold on the market, and their prices are quoted 
in the daily papers. When the bonds fall due, they are redeemed by 
the government at their face value, or " at par." On the market all 
United States bonds are now selling "at a premium." Issues of bonds 
were made in 1898, the rate of interest being 3 per cent, and in 1900, 
the rate being 2 per cent. The Public Debt Statement issued monthly 
by the treasury department gives the divisions of the bonded debt 
and the amount outstanding. On February 1, 1903, this amount was 
$9 l 4,54h33°- 

II. The Power of Congress over Commerce. 

The Control of Commerce. — The power over commerce, 
which we are next to discuss, was given to Congress be- 
cause the history of the country under the Articles of Con- 
federation demonstrated conclusively the fact that State 
control of commerce was entirely inadequate. Through 
Congressional control we secure that uniformity which is 
essential to security and prosperity in commercial matters. 
Not all commerce that is carried on by the citizens of this 
country is subject to control by Congress. The Constitu- 
tion gives it the power, in Article I, Section 8, Clause 3, 
To regulate commerce with foreign nations, and among the 
several States, and with the Indian tribes. 

There is a vast amount of commerce that is carried on 
entirely within the limits of the different States. Over this 
commerce Congress has no power ; it is regulated by State 
laws relating to trade and transportation. 



90 THE GOVERNMENT OF THE NEW ENGLAND STATES. 

salary of this office varies from $[500 in Vermont to $8000 
in Massachusetts. 

While we speak of the governor as the chief executive 
officer of the State, we must not understand that he has 
any considerable control over the other executive officers. 
They are elected by the voters or are in a few cases 
appointed by the legislature, and are not responsible to 
the governor ; they may be considered his colleagues. 

The Powers and Duties of the Governor. — In colonial 
times the people were jealous of the power of their rulers. 
The English kings and the royal governors whom they 
appointed over the colonies often gave the people cause 
for this jealousy ; and therefore when the colonies became 
States the powers of the governors which the people them- 
selves elected were greatly restricted. While the powers 
of governors throughout our country are to-day much 
greater than they were in the early days of the Nation — 
and this is especially true in the newer States, and in those 
older States that have adopted new constitutions — still the 
governors in the New England States are hedged about 
with many restrictions. It often happens that the gov- 
ernor and his colleagues are of different political parties, 
and for this reason, or some other, fail to work in harmony. 
It is interesting to compare the organization of the execu- 
tive power of a State with that of the federal government, 
and to note how different it is. The President appoints the 
officials who administer the federal law, and may remove 
them for cause; therefore they are directly responsible to 
him. Thus the United States executive government is cen- 
tralized, while State executive government is decentralized. 



PRESENT STATE GOVERNMENTS. 9 1 

Furthermore, the governor and other officials of the 
central administrative department of a State do not com- 
prise the whole of the State executive. We have seen in 
previous chapters how certain executive powers are given 
by law to town, city, and county officers. While these 
officers execute State law, they are so little responsible to 
the central executive that they are regarded simply as local 
executives. 

The governor's office is, nevertheless, a dignified and 
important one ; and though he may have but little direct 
authority over the other executive officers, he is supposed 
to have general oversight over them and over the execu- 
tion of the law, and he represents the State in its relations 
with other States and with the federal government. 

The governor's principal powers and duties in the New 
England States may be enumerated as follows : — 

1. He may call special sessions of the legislature 

when he thinks it advisable. 

2. It is his duty to set forth in a message to the legis- 

lature the need of legislation in certain directions, 
and to recommend the passage thereof. 

3. His most important legislative power is that of veto, 

which we have described in connection with the 
work of the legislature. 

4. The governor may, in case of disagreement between 

the two branches of the legislature regarding 
adjournment, adjourn them to such a time as he 
shall think proper, though not beyond the date 
of their next regular meeting. 



92 THE GOVERNMENT OF THE NEW ENGLAND STATES. 

5. He has power, more or less restricted by his council 

or by one or both branches of the legislature, to 
pardon convicts, grant reprieves, and to commute 
sentences (except in the case of impeachment). 

6. He is commander-in-chief of the military force of the 

State, and in most States commissions its officers. 

7. He has a power of appointment varying in extent 

in the different States ; for example, in Maine and 
Massachusetts, with the consent of the council, he 
appoints all judges, justices, medical examiners or 
coroners, notaries public, and numerous boards and 
commissions. 

In States where there is no council the governor's appointments 
must generally be confirmed by the senate. 

In Massachusetts and New Hampshire, the governor must sign all 
warrants for drawing money from the State treasury. 

In Rhode Island, the governor is president of the senate. 

Lieutenant Governor. — Massachusetts, Vermont, Rhode 
Island, and Connecticut have a lieutenant governor who, 
like the governor, is elected by vote of the people, and 
who becomes governor if for any reason the governor is 
disqualified or dies. In Maine and New Hampshire, in 
case of the governor's death or disqualification, the presi- 
dent of the senate becomes governor. 

The lieutenant governor is a member of the senate in 
Rhode Island, and president of the senate in Connecticut 
and Vermont. He is a member of the executive council 
in Massachusetts, and in the absence of the governor pre- 
sides over its sessions. He has but few duties and little 
power, and should, perhaps, be classed with the legislative 
rather than the executive officers. 



PRESENT STATE GOVERNMENTS. 93 

The Executive Council. — The executive council is 
found in but three of the New England States. Maine 
has seven members, chosen from councilor districts by the 
legislature. Massachusetts has eight, and New Hamp- 
shire five, elected by the voters of the councilor districts. 
(See map, p. 79.) 

In colonial times, the governor's council or court of 
assistants, as it was sometimes called, acted in three 
capacities : as advisers to the governor, as executive 
officers, and as the upper branch of the legislative body. 
From this early council in its legislative capacity, developed 
the senate, while from the same body in its executive and 
advisory capacity, came the executive council of to-day. ^ 

In the early days of their statehood, nearly all of the 
thirteen original States had a governor's council, but now 
only the three New England States mentioned above 
retain this body, whose chief office seems to be advisory 
and to serve merely as a check upon the freedom of the 
governor. 

Secretary of State. — The secretary of State is elected 
by popular vote in all the New England States except 
Maine and New Hampshire, where he is chosen by joint 
vote of the senate and house of representatives. 

The secretary's principal duties are : 1 — 

1. To keep the records of the State. 

2. To attest the governor's signature upon all State doc- 

uments, and to affix to them the State seal (of which 
he has charge). 

1 In Rhode Island, the secretary of State is secretary of the senate. In 
Vermont, he is clerk of the senate and house when they meet in joint session. 



94 THE GOVERNMENT OF THE NEW ENGLAND STATES. 

3. To keep the original copies of all laws, and to have 

them published as we have before stated (p. 88). 

4. To collect information from all parts of the State, and 

to publish it ; and to publish also the reports of the 
different departments. 

5. To provide and send to towns and cities the ballots, 

ballot boxes, and blanks used at elections. 

6. To receive and record the results of elections. 

Treasurer. — The treasurer's election, like that of the 
secretary, is by popular vote in all the New England States 
except Maine and New Hampshire, where he is chosen by 
the houses of legislature in joint convention. In Massa- 
chusetts he is eligible but five successive years, and in 
Maine but six. 

The chief duties of the treasurer are : — 

1. To receive all money coming to the State from taxa- 

tion or other sources, and to pay out the same upon 
order or warrant of proper authority — usually that 
of auditor or governor. 

2. To render to the legislature a detailed report of 

receipts and disbursements. 

3. To have charge of the weights and measures which 

are by law made the standard of the State; and to 
furnish copies of them to town, city, and county 
treasurers. 

Auditor. — An auditor 1 is elected in all the New Eng- 
land States except Maine and New Hampshire. He is the 
financial bookkeeper of the State ; and his duties are, among 

1 Called comptroller in Connecticut. 



PRESENT STATE GOVERNMENTS. 95 

other things, to keep an account of all receipts and expen- 
ditures of the State, and of all debts due to and from the 
State ; to examine all bills against the State, and to make 
out a certificate to the proper officer of each bill, with a 
statement of the law authorizing its payment. He exam- 
ines annually the accounts of the treasurer; and presents 
a report to the legislature, in which he makes an estimate 
of the income of the State for the following year. 

Attorney General. — All the New England States except 
Vermont have an attorney general. The different methods 
by which this officer is chosen in the New England States 
illustrate the various ways in which the choice of an exec- 
utive officer may be made. He is elected by popular votev 
in Massachusetts, Rhode Island, and Connecticut ; chosen 
by the legislature in Maine ; and appointed by the governor 
and council in New Hampshire. 

The attorney general is the legal adviser of the governor 
and other executive officers and of the legislature. He 
conducts all State cases in the supreme court. He advises 
district or county attorneys in the discharge of their duties, 
and may, when occasion requires it, appear for the govern- 
ment in county or superior court to prosecute persons 
charged with capital crimes. 

Administrative Boards and Commissions. — The admin- 
istration of much of the business of the State is given over 
to boards and commissions which are created by acts of 
the legislature. The members of these boards and com- 
missions are appointed in some States by the governor and 
council, in others by the governor and senate, and in others 
by the legislature. 



96 THE GOVERNMENT OF THE NEW ENGLAND STATES. 

These administrative departments may be in charge of a 
single commissioner or superintendent, or of a board of 
commissioners, who usually administer the department 
through a superintendent whom they elect. 

The terms of the single commissioners and of the mem- 
bers of the boards vary from one to eight years in the New 
England States ; while the superintendents employed by 
the boards have practically unlimited terms. 

In each of the New England States are found most of 
the following administrative boards : — 

Education, Gas and Electric Light, 

Agriculture, Industrial and Labor Sta- 

Health, tistics, 

Insanity, Insurance, 

Charity, Banks, 
Prisons and Reformato- Tax, 

ries, Bar Examiners, 

Railroads, Registration in Medicine, 

Harbor and Land, Dentistry, and Pharmacy, 

Fisheries and Game, Highways. 

We shall discuss briefly the State departments of educa- 
tion in a chapter on education, but this is not the place to 
consider the other departments in detail ; if any pupils are 
interested to study them, the annual reports of these de- 
partments are the best text-books for the study, and may 
be had for the asking. The pupil would do well to make 
an outline of the government of his own State, and compare 
it with Appendices C and D. 

The Militia. — Each State has a body of citizens trained 
to military duty and to the use of arms, which it may call 



PRESENT STATE GOVERNMENTS. 97 

out in time of need, but which may not be kept constantly 
under arms in times of peace, as a standing army is. The 
Constitution of the United States forbids any State to keep 
a standing army in time of peace, but allows it to establish 
a militia. 

The active militia is composed of volunteers who meet 
as prescribed by law for regular drill and camp duty, for 
which a small compensation is allowed. The State furnishes 
uniforms, arms and equipments, and, in large towns and 
cities, armories in which the militia may be drilled. 

The governor exercises his power as commander-in- 
chief through military officers whom he appoints, and who 
are called the governor's staff. 



TOPICAL OUTLINE OF CHAPTER. 

Executive Department. 

I. Principal executive officers. 

1 . Qualifications ; length of term ; salaries. 
II. The governor chief executive ; how elected. 
1 . Powers and duties. 
(a) Restrictions. 
(£) Comparison with federal executive. 

(c) A portion of the State executive department administered 

by local officers. 

(d) Enumeration of governor's powers and duties. 

III. Lieutenant governor ; elected by popular vote. 
1 . Limited powers and duties. 

IV. Executive council ; two methods of election. 

1. A remnant of the council of colonial days retained by but 

three New England States. 

2. Serves as a check upon the governor. 

V. Secretary of State ; how elected ; principal duties. 
VI. Treasurer; how elected ; principal duties. 



98 THE GOVERNMENT OF THE NEW ENGLAND STATES. 

VII. Auditor; how elected ; principal duties. 

VIII. Attorney general; various methods of election; principal duties. 
IX. Administrative boards and commissions. 

i. Composition; how appointed ; terms of office. 
2. Enumeration of departments. 
X. Militia ; composition, duty, equipment, pay. 
i. Governor's staff. 



CHAPTER XIV. 

PRESENT STATE GOVERNMENTS IN NEW ENGLAND 

(Continued). 

Judicial Department. 

Four Grades of Courts in New England States. — There 
are even more divergencies in the details of the judicial 
departments in the New England States than there are in 
the legislative and executive departments. Many of these* 
seeming differences, however, are in name only. And we 
may roughly classify New England courts for the trial of 
civil and criminal cases as follows : — 

t . . . f Justices of the peace. 

Lowest series \ J r 

[ Trial justices. 

f Police court. 

„ , . City court. 

Second series ■{,,.. , 

I Municipal court. 

[ District court. 

r County court. 
Third series •! Common pleas court. 

I Superior court. 
Highest court, Supreme court. 

Besides the above, there are in each State probate 
courts which have charge of wills, inheritances, and other 
matters. And in Massachusetts there is a court of reg- 
istration, which decides and confirms titles to land. 

Justices of the Peace. — These are the lowest judicial 
officers. They have but small jurisdiction in most of the 

99 

LofC. 



100 THE GOVERNMENT OF THE NEW ENGLAND STATES. 

New England States, viz., power to administer oaths, and 
in some States to perform marriage ceremonies. In Ver- 
mont and Connecticut, however, they may still try civil 
cases where the amount involved is small, and minor 
criminal cases. 

Trial Justices. — Some justices of the peace are espe- 
cially commissioned as trial justices. Besides having the 
powers of a justice of the peace, they have jurisdiction 
over offenses which the statutes punish by a small fine or 
a short imprisonment, such as breaches of the peace, tres- 
pass, petty larcenies, and gambling. They have jurisdic- 
tion also over civil cases where the amount at stake is 
small. Appeals may be had to county courts. 

Police, District, Municipal, and City Courts. — Next above 
the justices of the peace and the trial justices, are the 
police, district, and municipal courts. There is also a 
court of slightly higher grade in Connecticut, called a 
city 1 court. These courts consist of a justice and one or 
more special justices who act in the absence of the justice. 
They have jurisdiction in civil cases where the amount 
at issue does not exceed a certain sum, 2 and in criminal 
cases where but a small fine or a short imprisonment is 
allowed by law. Appeals from this court are carried to 
the county court. 

Municipal Courts of Boston. — Boston is divided into 
eight districts for judicial purposes, and there is a munici- 
pal court in each district. 3 The court of the central dis- 
trict has a chief justice and seven associate justices, and 

1 Connecticut has also borough and town courts. 

2 One thousand dollars in Massachusetts. 

3 See page 59. 



PRESENT STATE GOVERNMENTS. IOI 

has jurisdiction in cases where the amount at issue is not 
over $2000. The courts of the other districts have the 
usual single justice and two special justices, and about 
the same jurisdiction as the ordinary police or district 
court. 

Superior, Common Pleas, and County Courts. — The next 
higher court is the superior court (called common pleas or 
county court in some States). In Massachusetts the 
superior court consists of one chief justice and twenty-two 
associate justices ; and at least two sittings must be held 
annually in each county. This court has original jurisdic- 
tion over all criminal cases and some civil cases; and has. 
appellate jurisdiction over cases appealed from trial justices, 
police, and district courts. 

In criminal cases its decision is final unless exceptions 
are taken to some ruling of the judge upon a point of law. 1 

Capital crimes are tried before this court, and during 
such trials two justices must be present. 

Maine has a superior court in but two counties. The 
work of this court in other counties is done by county ses- 
sions of the supreme court. 

The common pleas division of the supreme court of 
Rhode Island also performs the work of the county or 
superior court. 

New Hampshire has no superior or county court, but 
the work of the county is done by the supreme court of 
the State. 

The Supreme Court. — The highest court in each State is 
the supreme court. In Massachusetts it consists of a chief 

1 See supreme court law sittings below. 



102 THE GOVERNMENT OF THE NEW ENGLAND STATES. 

justice and six associate justices, four of whom constitute 
a quorum. This court holds law sittings, at which a cer- 
tain number of the justices must be present, and at which 
decisions upon points of law are made. It has also jury 
sittings for the trial of cases, held by single justices at pre- 
scribed times in each county of the State. 

Probate Courts. — In each county of three States there is 
a probate court which consists of a judge who holds court 
at prescribed times and places. 

In Rhode Island, each town has a court of probate ; in 
many of these the town council act as judges. 

In Connecticut and Vermont, probate courts are held in 
districts which are large or small according as the popula- 
tion is dense or sparse. 

The probate court, like the justice's court and the police 
court, has no jury. The business of this court relates to 
the probate, i.e., the proving of wills, the settling of estates 
of deceased persons, the guardianship of minors, and 
changes of name. Most of this business is carried on 
without any suits ; but sometimes contests arise, and cases 
may be appealed to the county court or to the supreme 
court. 

Territory over which the Various Courts exercise Juris- 
diction. — Roughly speaking, the lowest of the four series 
of courts mentioned above has jurisdiction in towns; the 
second in large towns or groups of towns, and in cities ; 
the third in counties (either in single counties or in all the 
counties of a State) ; and the supreme court, in the State. . 

Appointment of Judges and their Terms of Office. — There 
is in the New England States so much variation in methods 



PRESENT STATE GOVERNMENTS. 103 

of election and appointment of judges, and in the length of 
their terms, that no general statement can be made regard- 
ing these points ; but the student is referred to the tabular 
statement in Appendix E. 

In the study of the judicial department, as in the study 
of the other departments, the student should make the 
local organization (in this case the local court) the starting 
point for all investigation. 

Juries. — In the justice's court, police court, and munici- 
pal court, petty crimes, such as drunkenness, fighting, the 
destruction of property, and minor civil cases are tried. In 
these courts there is no jury (although in some States it 
must be had if the prisoner demands it), and the justice or 
judge hears the evidence and examines the witnesses and 
renders his judgment and sentence without any jury. But 
in the next higher grade of courts, — those whose jurisdic- 
tion extends over a county, — where the more important 
civil and criminal cases are tried, a jury is had. A jury is 
a body of men whose business it is to decide, from the 
evidence presented by the parties to the trial, the facts of 
a case, 1 and under the law as set forth by the judge, to 
"find a verdict." 

The statutes of the different States describe the qualifi- 
cations and duties of jurors in those States. Generally 
speaking, voters, except certain officers, professional men, 
and firemen, are liable to service as jurors. 

Jury Lists. — We have seen that the selectmen in towns 
(p. 28), and the mayor and aldermen in cities (p. 38) have 

1 See James and Sanford's " Government in State and Nation," p. 72. 



104 THE GOVERNMENT OF THE NEW ENGLAND STATES. 

charge of the jury lists and the drawing of jurors. When 
the lists of names prepared by the selectmen or by the 
registrars of voters have been accepted by the town meet- 
ing or by the mayor and aldermen, each name is written 
on a small piece of paper and these pieces of paper put 
into a jury box and shaken up. 

The Drawing of Jurors. — Before the sessions of the 
county or the supreme court, the clerk of the court sends 
the sheriff a writ calling for a certain number of jurors 
from each town and city in the county. This writ is pre- 
sented to the selectmen or to the mayor and aldermen, as 
the case may be, and they draw from the jury box the 
names of a sufficient number of jurors. The men whose 
names have been drawn are notified by a writ (called a 
venire) delivered by a constable. This writ specifies the 
time and place at which the court will sit. 

Classification of Cases. — Legal actions, or suits at law, 
may be classified under two heads : — 

i. Criminal cases, 
2. Civil cases. 

Plaintiff and Defendant. — In every legal action, whether 
civil or criminal, the party who brings the suit is called the 
plaintiff, and the party against whom the suit is brought is 
called the defendant. 

Criminal Cases. — In a criminal suit the object is to 
inflict some penalty for the violation of law. And though 
some individual has suffered by the crime that has been 



PRESENT STATE GOVERNMENTS. 10$ 

committed, this crime is held to be against the State, and 
therefore the State is always the plaintiff. 

Minor crimes may be tried in a justice's court or a police 
court ; but more serious crimes must be tried in the higher 
courts (see pp. ioo and 101). 

Civil Cases. — A civil action has for its object the resto- 
ration of property, the enforcement of contracts, or the 
recovery of damages for injury. Such cases arise between 
citizens or corporations, or between a citizen and a cor- 
poration. 

Outline of Procedure in a Criminal Case. — Suppose A's 
house has been broken into and some property stolen. 
Some one, probably A himself, goes to a justice of the 
peace or to a police justice and files a 

Complaint. — This is a written paper which states for- 
mally and exactly the name and residence of the accused, 
the crime with which he is charged, the time and place at 
which it was committed, and contains a request that he be 
arrested. 

The Warrant. — The justice gives to a constable or a 
policeman a warrant for the arrest of the accused. The 
arrest is made, and the prisoner brought to the justice, who 
appoints a time for examination. 

Subpoena. — The justice issues a writ called a subpoena 
to summon such witnesses as the complainant and the 
defendant wish to have testify. 

Final Jurisdiction. — If the value of the stolen property 
is less than a certain amount set by law, the justice may, 



106 THE GOVERNMENT OF THE NEW ENGLAND STATES. 

if the crime is proved, pass sentence at once. In this case 
the court is said to have final jurisdiction. 

Appeal. — If, however, the defendant is dissatisfied with 
the court's decision, he may appeal, and the judge must let 
the case go to the higher court, i.e., to the county court. 

Bail. — While the defendant is awaiting the sitting of the 
higher court, he must either go to jail, or avoid so doing by 
giving bail ; that is, he may get responsible citizens to 
sign a bond to pay the government a certain sum of 
money, if he should not appear at the summons of the 
court. The justice fixes the amount of the bail. When 
charged with a most serious crime, the prisoner is not 
allowed to furnish bail. He must await his trial in jail. 

Initial Jurisdiction. — If the value of the stolen property 
is above the limit set by law, the justice holds a preliminary 
examination of the accused and the evidence against him ; 
if he finds probable cause for so doing he holds the prisoner 
(under bail) for the next session of the superior court, or 
until the meeting of the grand jury. In this instance the 
court is said to have initial jiirisdictioii. 

The Grand Jury. — Before a session of the county court, 
or before a jury sitting of the supreme court, a number of 
jurors (twenty-three in Massachusetts) are drawn, whose 
duty is to hear the evidence against any person charged 
with a serious crime, and to decide whether or not the 
accused shall be tried. 

The Indictment. — This is a formal charge drawn up by 
the county or district attorney. 1 If the grand jury, after 

1 Called State's attorney in some States. 



PRESENT STATE GOVERNMENTS. 107 

hearing only the witnesses against the accused, decide by 
a majority vote that he shall stand trial, the foreman of the 
jury writes upon the indictment "a true bill." If the jury 
decide that the accusation is groundless, the foreman writes 
" not found," and the prisoner goes free. 

Arraignment. — Suppose " a true bill " has been found 
against the prisoner ; after he has been brought before the 
court, the indictment is read to him, and he is asked whether 
he is guilty or not guilty of the crime set forth in the 
indictment. 

The Plea. — The prisoner answers either "guilty" or 
" not guilty." This is called the plea. If he pleads guilty, V 
he may be sentenced at once ; if he pleads not guilty, trial 
must be had. 

The Petit Jury. — The first step in the trial is to choose 
from the jurors who have been summoned twelve men ; 
these are sworn to decide the case from the evidence, 
and to render a verdict under the law. 

Testimony. — Witnesses for each side are sworn, and 
give their testimony before the jury. The witnesses for 
the State are cross-examined by the counsel for the defend- 
ant, and the witnesses for the defendant are cross-exam- 
ined by the prosecuting attorney. 

The Arguments. — When the evidence is all in, the 
counsel on each side presents an argument in which he 
tries to influence the jury to give a verdict in his favor. 

The Judge's Charge to the Jury. — The judge instructs 
the jury in regard to the law bearing upon the case, and 



108 THE GOVERNMENT OF THE NEW ENGLAND STATES. 

charges them that if they find from "the evidence that 
such and such are the facts, they must render this or that 
verdict. 

The Verdict. — The jury may agree upon a verdict at 
once. If they do not, they are placed in charge of an 
officer and kept in a room by themselves until they agree 
upon a verdict, or until it is evident that they cannot 
agree. 

The Sentence. — If the jury bring in a verdict of guilty, 
the judge must sentence the prisoner; that is, the judge 
must tell the prisoner in open court what his punishment 
shall be. 

Exceptions. — But, however, the verdict may not be 
the end of the trial. During the trial the counsel may 
take exceptions to some rulings of the judge. If these 
exceptions are allowed, they are sent to the Supreme Court, 
sitting in a law term. This court does not try the case 
anew ; but hears the arguments of the counsel upon the 
exceptions, and decides to sustain or not to sustain the pre- 
vious ruling of the lower court. If the ruling of the lower 
court is not sustained, a new trial must be had at some 
future term of the same court. If the ruling of the county 
court is sustained, the case goes back to the judge of that 
court for sentence. 

Procedure in a Civil Case. — There is much diversity of 
procedure in civil cases. But it is easy to get the legal 
forms used in such cases, and the pupil can, with the 
knowledge he has of the procedure in criminal actions, 
outline the civil procedure for himself. 



PRESENT STATE GOVERNMENTS. IO9 

He will find, for example, that the first document used 
in a civil action is not called a complaint, but a writ of 
attachment ; and that the last step in the action is taken 
under a writ of execution. 



TOPICAL OUTLINE OF CHAPTER. 

Judicial Department. 

I. Four grades of courts in New England States for trial of civil 
and criminal cases. 

1 . Lowest grade. 

Justices of the peace. 
Trial justices. 

2. Second grade. 

Police court. 
• City court. 

Municipal court. 
District court. 

3. Third grade. 

County court. 

Court of common pleas. 

Superior court. 

4. Supreme court. 

II. Probate court ; court of registration. 
III. Justice of the peace. 

1. Limited jurisdiction. 

2. Trial justices have slightly higher jurisdiction. 

3. Appeals may be had to county or superior courts. 
IV. Police, city, municipal, and district courts. 

1. How composed ; jurisdiction; appeal to county court. 

2. Municipal court of Boston. 

V. Superior, common pleas, and county courts. 

1. How composed. 

2. Jurisdiction. 

3. Appeal may be had in questions of law, and in some important 

cases, to supreme court. 



IIO THE GOVERNMENT OF THE NEW ENGLAND STATES. 

VI. Supreme court, 
i. Composition. 
2. Law sittings ; jury sittings. 

VII. Probate court. 

i. Composition; jurisdiction. 

2. Appeal may be had to superior and to supreme courts. 

VIII. Territory over which the four classes of courts exercise jurisdiction. 
IX. Appointment of judges and their terms of office. 

X. Juries. 

i . Not used in all courts. 

2. Qualifications and duties of jurors. 

3. Jury lists. 

4. Drawing and summoning of jurors. 
XI. Classification of legal actions. 

1 . Criminal cases. 

2. Civil cases. 



XII. Parties to a legal action. 






XIII. Outline of procedure in a criminal 


case. 




1 . Complaint. 


1 1. 


The plea. 


2. Warrant. 


12. 


Petit jury. 


3. Subpoena. 


13- 


The trial. 


4. Final jurisdiction. 




a. Testimony. 


5. Appeal. 




b. Arguments. 


6. Bail. 


14. 


Judge's charge to the 


7. Initial jurisdiction. 




jury. 


8. Grand jury. 


15- 


The verdict. 


9. Indictment. 


16. 


The sentence. 


10. Arraignment. 


17- 


Exceptions. 



XIV. Procedure in civil actions to be outlined by the pupil and com- 
pared with the above outline. 

Outline for Studying a State Government. 

Books and documents needed for reference. — Besides the text-book, 
the pupil should have at hand : — 

1. A copy of the constitution of his State. 

2. The Manual of the Legislature (called State Register in Maine and 

Connecticut, and the Legislative Directory in Vermont). 



PRESENT STATE GOVERNMENTS. Ill 

3. A complete file of ballots used at State and national elections ; 

sample bills from the senate and from the house ; a copy of the 
calendar of each house. 

4. A copy of the volume containing the laws made during one session; 

and the Revised Statutes. 

5. The reports of the various administrative departments. 

6. Miss Mabel Hill's " Liberty Documents." 

The constitution will be found in the Manual of the Legislature ; and, 
with the exception of Miss Hill's book and the Revised Statutes, the 
other books and documents may be had for the asking. 

I. When, by whom, and under what circumstances was your State 

constitution made ? 
II. Does it lack any of the following parts ? — 

1. Preamble, 

2. Bill of rights, 

3. Frame of government, 

4. Miscellaneous provisions, 

5. Amendments. 

III. If there is a preamble, make an abstract of its contents. 

IV. The Bill of Rights : 

1. Derived from what sources ? 

2. Make a list of the rights enumerated, and compare them with 

those found in the Magna Charta, the English Petition 
of Right, and Bill of Rights, the Declaration of Inde- 
pendence, and the Constitution of the United States. 
V. The Frame of Government. (Compare each point with the out- 
line in Appendix C.) 

1. Legislative Department. 

a. What is its official name ? 

b. What is each house called ? 

c. How many members in each house, what are their qualifi- 

cations, how elected, by whom, and for what term ? Draw 
a map of your senatorial and of your representative dis- 
trict. 

d. What privileges do the houses have in common ? 

e. What peculiar privileges has each house ? 

f. How often does the legislature meet, and how long may it 

continue in session ? 

g. How may bills be introduced ? 



112 THE GOVERNMENT OF THE NEW ENGLAND STATES. 

h. Follow a bill from the time it is introduced till it is signed 

by the governor, and make a list of the steps taken. 
i. What power of appointment has the legislature or either 

house ? 
/. What things can the legislature do without the consent of 

the governor ? 
k. What has the legislature to do with Congress ? What with 

towns, cities, and counties ? 

2. Executive Department. 

a. The governor : his official title, qualifications, term of 

office, salary. 
^. Is he elected by a majority or by a plurality ? 

c. How may he influence legislation, — by veto or otherwise ? 

d. What independent power of appointment has he ? 

e. Is there an executive council ? If so, what are its powers 

and duties ? 

f. ■ Is there a lieutenant governor ? If so, what are his powers 

and duties ? 

g. Name the other State officers and give their qualifications, 

terms of office, and duties. 
h. What control does the governor have over the other State 

officers ? 
z. What military power has he ? 
j. What provision is made in case of his death, disability, or 

absence ? 
k. Make a list of the chief administrative officers and boards, 

and state briefly their duties. 

3. Judicial Department . (Compare Appendix E.) 

a. What is the lowest court for the trial of civil and criminal 

cases ? 

b. What is the highest court for the trial of civil and criminal 

cases ? 

c. What are the intermediate courts for the trial of civil and 

criminal cases ? 

d. What special courts are there ? 

e. What kinds of cases are tried in each ? 

f. Over what territory does each exercise jurisdiction ? 



PRESENT STATE GOVERNMENTS. 113 

g. In which courts are juries used ? 

//. When and where do the different courts sit ? 

i. How are the judges for each court chosen, and for what 

term ? 
/. What judicial power does the governor have ? 

VI. Miscellaneous Provisions. 

1. Do they limit the legislative, executive, or judicial depart- 

ments ? 

2. Are there any regulations regarding education, taxes, roads, 

towns, cities, and counties ? 

3. What provision is there for amendment ? 
VII. How many amendments has the constitution ? 

VIII. Is there any part of the constitution unwritten ? Think of the 
matter of nominations. 



CHAPTER XV. 
EDUCATION IN NEW ENGLAND. 

The Beginning of Public Schools in America. — The his- 
tory of public education in the United States has its begin- 
ning in New England. The government of Massachusetts 
contributed to the founding of Harvard College in 1636. 
The town of Dorchester claims the honor of having estab- 
lished the first public school supported by taxation in 1639. 

In 1647, the General Court of Massachusetts passed an 
act requiring each town of fifty families to maintain a 
school in which pupils might be taught to read and write, 
and each town of one hundred families to maintain a gram- 
mar school, i.e., a Latin school, which should prepare boys 
for college. Connecticut, in its code of 1650, made a simi- 
lar requirement; and in 1652, New Haven began to agitate 
the question of founding a college. Although this move- 
ment was not immediately successful, it resulted later in 
the founding of Yale College in 1701. 

Importance of Education. — It is especially important in 
a government like ours, a government of the people by the 
people, that the citizens be educated. 

It is the business of a good government to defend the 
State, to secure justice to its members, and to promote their 

114 



EDUCATION IN NEW ENGLAND. 115 

general welfare. For all these reasons the government 
should see to it that every citizen has at least a common 
school education. As are the voters, so will be the govern- 
ment. 

This is well expressed in the constitution of Massachu- 
setts, Ch. V. sec. 2 : — 

"Wisdom and knowledge, as well as virtue, diffused generally among 
the body of the people, being necessary for the preservation of their 
rights and liberties ; and as these depend on spreading the opportuni- 
ties and advantages of education in the various parts of the country, and 
among the different orders of the people, it shall be the duty of legis- 
latures and magistrates, in all future periods of this commonwealth, to 
cherish the interest of literature and the sciences, and all seminaries of 
them ; especially the university at Cambridge, public schools and gram- 
mar schools in the towns ; to encourage private societies and public^ 
institutions, rewards and immunities, for the promotion of agriculture, 
arts, sciences, commerce, trades, manufactures, and a natural history of 
the country ; to countenance and inculcate the principles of humanity 
and general benevolence, public* and private charity, industry and fru- 
gality, honesty and punctuality in their dealings ; sincerity, good humor, 
and all social affections, and generous sentiments, among the people." 

Education in Charge of the Individual States. — In the 
United States Constitution there is no provision for insti- 
tuting a national system of schools ; indeed, that document 
mentions neither schools nor education. 

Each State makes its own educational laws and establishes 
its own school system. The State, however, carries on the 
real work of education through the local governments of 
its towns and cities. 

The business of education is so important, and so distinct 
from other functions of government, that there is in every 
State a somewhat separate and specialized machinery for 
carrying it on. 



Il6 THE GOVERNMENT OF THE NEW ENGLAND STATES. 

Two Unit Areas of School Administration found in New 
England States. — In former years New England towns 
were pretty generally divided into districts, to which the 
administration of the local schools was largely intrusted. 
This district system has been abolished in Maine and Mas- 
sachusetts, but is still in use in many towns of other New 
England States. 

Where, however, this smaller unit of administration is 
still in use, there are generally two sets of administrative 
officers ; the town school board assumes control and over- 
sight in purely educational matters, while a district board 
or "agent" has charge of the business part of the admin- 
istration, such as furnishing and caring for the buildings, 
and providing for heating and lighting. The district agent 
usually hires the teacher, and in many places negotiates 
for his or her board. 

But the town is gradually coming to be the unit area 
for school administration as it is for other governmental 
functions. 

Ungraded Schools. — In all the less thickly settled towns, 
are found ungraded or " common " schools. All the pupils, 
from youngest to oldest, sit in one room ; and one teacher 
hears all the recitations. A teacher with thirty pupils 
may have to hear twenty to thirty recitations daily. And 
yet these schools are not to be despised, for they have 
profoundly influenced the life of New England. 

Graded Schools. — In the more thickly settled towns, in 
villages, boroughs, and cities, are found the so-called graded 
schools. Outside of New England eight grades or years 
below the high school are more common than nine. The 



EDUCATION IN NEW ENGLAND. I 1 7 

larger towns and cities of New England quite generally 
have nine grades, while the smaller cities, and even some of 
the larger ones, have eight grades below the high school. 
There seems to be a movement toward eight grades as a 
standard. 

The first four years of school are known as the primary 
grades, the next four or five as the grammar grades. Fol- 
lowing the grades come four years of high school. 

The New England States require by law the maintenance 
of the above-mentioned schools except the high school; 
and Massachusetts requires her towns to provide high 
schools or to pay the tuition of their pupils in the high 
schools of neighboring towns or cities. 

Compulsory Attendance. — Not only do the New Eng- 
land States require the maintenance of these schools, but 
they all compel by law the attendance at them of children 
between certain ages. 

The following is an abstract of the laws of the New 
England States regarding compulsory attendance and the 
educational restrictions upon child labor : — 



Il8 THE GOVERNMENT OF THE NEW ENGLAND STATES. 
COMPULSORY EDUCATION. 1 



State. 


Age. 


Annual 
Period. 


Penalty on 

Parents for 

Neglect. 


Educational Restrictions 
on Child Labor. 


Maine 


7-14 


Full term 


Not exceeding 


Children under 15 shall not be em- 






(minimum 


$25, or im- 


ployed in any manufacturing or 






20 weeks) 


prisonment 
not exceed- 
ing 30 days 


mercantile establishment, except 
during vacation, unless they have 
attended school 16 weeks during 
preceding year. Such school 
attendance must continue during 
employment 


New Hampshire 


8 14 


Full term 


First, $10; 
subsequent, 


No child may be engaged under 
14 years in any employment dur- 






• 


$20 


ing school hours; 16 years, in 
any employment if unable to read 
and write English. No minor 
unable to read and write English 
may be employed unless attend- 
ing day or evening school 


Vermont 


8-14 


20 weeks 


$5 to $25 


Children under 14 (provisions simi- 
lar to Maine and Massachusetts) 


Massachusetts 


7-14 - 


Full term 


Not exceeding 


Children under 14 may not be em- 






(minimum 


$20 


ployed in factories, workshops, 






32 weeks) 




or mercantile establishments or 
in any other employment for 
wages during school hours; over 
14, who cannot read and write 
English shall not be employed 
where there is an evening school 
unless they attend the same or 
day school 


Rhode Island 


7-i5 3 


Full term 


Not exceeding 
$20 


Children under 13 may not be em- 
ployed except during school va- 
cations 


Connecticut 


8-16* 


Full term 


Not exceeding 


Children under 14 must have at- 






(minimum 


$5 


tended day school a prescribed 






30 weeks) 




period. Between 14 and 16, pro- 
visions similar to Maine and 
Massachusetts 



1 Adapted from U.S. Commissioner of Education's report corrected to 1902. 

2 To sixteen, if wandering about public places without lawful occupation. 

3 Not applicable to children over 13 who are lawfully employed. 

4 Not applicable to children over 14 who are lawfully employed and not 
enrolled at school. 



EDUCATION IN NEW ENGLAND. 119 

It will be seen by a glance at the above tabulation that, 
while each State fixes a minimum number of weeks per 
year during which each town must maintain a school, all 
the States, except Vermont, require the attendance of chil- 
dren between certain ages during the full time school is in 
session, whatever that may be. 

Support of Public Schools. — Most of the money for the 
support of the public schools comes from local taxation. 
Each State, however, appropriates annually a sum from 
which certain amounts may be assigned to the smaller and 
less wealthy towns in accordance with the number of chil- 
dren of school age, and the amount of taxable property in 
them. 

A third source of school support is the income of cer- 
tain moneys held by the State as a school fund. 1 

In Connecticut towns, there are also tozvri deposit funds , 2 
the revenue from which is applied to the support of schools. 

State Normal Schools. — If the State provides schools 
and compels attendance, it must of course see to it that 
there are competent teachers. To meet this need State 
normal schools are established for the training of teachers. 
Massachusetts was again the pioneer in this direction. In 
1839, j us t two hundred years after the opening of the 
public school by the town of Dorchester, Massachusetts 
established the first normal school in America. There 
are now ten State normal schools (including the Normal 

1 Massachusetts appropriates to the "school fund" $100,000 annually until 
said fund shall amount to $5,000,000. 

2 In 1837, when the United States divided its surplus revenue among the 
States, Connecticut deposited her share with her towns, requiring that the 
income be expended for the support of public schools, 



120 THE GOVERNMENT OF THE NEW ENGLAND STATES. 

Art School) in Massachusetts ; three in Maine, one in 
New Hampshire, three in Vermont, one in Rhode Island, 
and three in Connecticut. Besides these twenty-one State 
normal schools, there are normal and training schools 
maintained by many of the larger New England cities for 
the especial purpose of training teachers for their own 
primary and grammar schools. 

Private Schools. — Besides its public schools, New Eng- 
land has a large number of private schools and acade- 
mies of all grades, from the kindergarten to the normal 
school. Many of these have a splendid history and a wide 
reputation. 

Higher Education. — Many of the Western States sup- 
port State universities, to which graduates of high schools 
in the State, or any citizens who have the equivalent of a 
high school education, are admitted, tuition free, or nearly so. 

Only two of the New England States, Maine and Ver- 
mont, have such institutions. There is, however, in each 
State an agricultural college, 1 to which properly prepared 
students are admitted free, or by paying a small tuition fee. 

The United States Government appropriates $25,000 
annually for each of these agricultural colleges. 

Aside from the State normal schools, most of the insti- 
tutions of education above the high school, in New Eng- 
land, are private institutions. The great number of these 
indicates that the New England people look with favor 
upon higher education. In the six States, we have, besides 
more than forty professional and scientific schools, some 

1 In Maine and Vermont the State university and the agricultural college 
are united. 



EDUCATION IN NEW ENGLAND. 121 

twenty-five colleges and universities. Some of these are 
coeducational, that is, admit both men and women. Five 
of them are exclusively for women. 

School Administration in Towns and Cities. — The 
administrative officer of the smallest educational area, the 
school district, is the " agent," or the chairman of the board 
of trustees, who is elected annually by the voters of the 
district. As we have already seen (p. 31), each town and 
city at its annual election elects one-third of its school com- 
mittee of three, or a multiple of three, for a term of three 
years; thus, the majority of the members of every school 
board have had a year or more of experience. 

The duties of the school committee are definitely set 
forth in the statutes of each State. 

In cities, the school committee appoint a superintendent 
who acts as their administrative agent. In country towns, 
the inspection of schools and the oversight of administra- 
tive details may be attended to by the members of the 
committee, or they may employ, either alone or uniting 
with another town or group of towns, a superintendent of 
schools. Massachusetts compels towns not able to employ 
the services of a superintendent for the entire time to unite 
in a district with other towns for this purpose. 

County School Officers. — Except in Vermont, New Eng- 
land counties now have almost nothing to do with school 
administration. In former years some of the States tried 
county boards and county superintendents ; but now ad- 
ministrative power in school matters has been very gen- 
erally given to towns and cities, or assumed by the central 
State government. 



122 THE GOVERNMENT OF THE NEW ENGLAND STATES. 

In Vermont, each county has an examiner of teachers 
appointed biennially by the State superintendent of educa- 
tion and the governor. This officer conducts examinations 
of teachers for the county, under direction of the State 
superintendent arranges teachers' institutes, and furnishes 
statistical information to the State superintendent. 

State School Administration. — There are two types of 
central school administrative machinery in New Eng- 
land : — 

i. The state board of education, with its administrative 

secretary and agents. 
2. The State superintendent of public schools. 

The first is found in Massachusetts, Rhode Island, and 
Connecticut ; and the second in Maine, New Hampshire, 
and Vermont. 

Massachusetts, in 1837, established the first state board 
of education in the United States. It consists of the gov- 
ernor and lieutenant governor ex-officiis, and eight mem- 
bers who are appointed by the governor for eight years, 
one retiring annually. The Rhode Island board has six 
members, and the Connecticut board four, besides the gov- 
ernor and lieutenant governor. In these States the mem- 
bers of the board are elected by the general assembly. 

The State board has supervision of State normal schools, 
prescribes forms for school registers, and has general over- 
sight of the educational interests of the State. It chooses 
a secretary * who acts as its administrative officer, and one 
or more agents. 

1 In Rhode Island this officer's official title is Commissioner of Public 
Schools. 



EDUCATION IN NEW ENGLAND. 1 23 

The secretary's duties are chiefly advisory, directive, 
and statistical. While his actual power under the law is 
small, he may, through the collection of statistics and the 
publication of reports, and through other means, exert great 
influence for the improvement and systematizing of public 
school instruction throughout the State. 

The State superintendent has duties similar to those of 
the secretary of the state board, but somewhat more power 
and responsibility, since he is not under the direction of a 
board. The State superintendent is usually a member of 
the board of trustees of the State normal schools, and thus 
has additional opportunity to make his influence felt upon 
the educational work of the State. • 

For the exact official titles of these officers, the methods 
of their appointment in different States, and their salaries, 
see Appendix D. 

TOPICAL OUTLINE OF CHAPTER. 

I. New England the birthplace of the public school. 

1. Harvard College founded in 1636. 

2. The first public school in Dorchester in 1639. 

3. The Massachusetts law of 1647. 

4. The Connecticut law of 1650. 

5. The founding of Yale College in 1701. 
II. Importance of education in a democracy. 

1. As a means of defending the State. 

2. As a matter of justice to children. 

3. As a method of promoting the general welfare. 

III. No national system of education. 

1 . Each State makes its own educational laws and establishes its 
own educational system. 

IV. Two unit areas of school administration in New England, — the 

district, and the town. 
1. The district gradually being abolished. 



124 THE GOVERNMENT OF THE NEW ENGLAND STATES. 

V. Ungraded or "common" schools. 
i. Their disadvantages. 
2. Their influence upon New England life. 
VI. Graded schools in villages and cities. 

i. Nine grades (four primary, five grammar) in the larger New 

England cities. 
2. The State compels by law the maintenance of schools below 
the high school, and Massachusetts compels the mainte- 
nance of the high schools. 
VII. Compulsory attendance. 

i. Abstract of the laws regarding school attendance and educa- 
tional restrictions on child labor in the New England 
States. 
VIII. Support of public schools drawn from three sources. 
i. Local taxation. 

2. State appropriation. 

3. Income of school fund. 
IX. State normal schools. 

1. First one established by Massachusetts in 1839. 

2. Twenty-one State normal schools now in New England. 
X. Private schools. 

XI. Institutions for higher education. 

1. State universities and agricultural colleges. 

2. Other universities, colleges, professional and scientific schools. 
XII. School administration. 

1. In town and city. 

a. The district agent or board. 

b. The town school committee. 

c. The superintendent in cities and larger towns. 

d. The district superintendent. 

2. County school officers not found in New England except the 

county examiner of teachers in Vermont. 

3. State school administration. 

a. Two types found in New England. 

(1) State board of education with executive secretary. 

(2) State superintendent. 

b. Duties and powers of the secretary of the State board. 

c. Duties and powers of the State superintendent. 



APPENDICES 



126 



APPENDIX A. 



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Required in cities 
and towns having 
more than 500 
voters. 


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Convicted of bribery, 
forgery, perjury, duel- 
ing, or theft, unless 
pardoned. 


Paupers; persons un- 
der guardianship; In- 
dians not taxed. 


Paupers(except honor- 
ably discharged U.S. 
soldiers and sailors) 
and persons under 
guardianship. 


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Requirements as to 
Citizenship. 


Citizen of the 
U.S. who can 
read English. 


Citizen who can 
read constitu- 
tion in English 
and write his 
name. 


1) 

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APPENDIX A. 



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Non-taxpayers are 
required to regis- 
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Dec. 31. 


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Paupers (except hon- 
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U.S. soldiers and 
sailors) ; persons 
excused from pay- 
ing taxes at their 
own request. 


Paupers ; lunatics ; 
persons non compos 
mentis; convicted of 
bribery or infamous 
crime until restored 
to right to vote; un- 
der guardianship. 


Unpardoned convicts, 
and deserters from 
U.S. army or naval 
service during Civil 
War. 


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128 



APPENDIX B. 



APPENDIX B. 
STATE LEGISLATURE. 



State. 



Connecticut 



Maine 



Massachusetts 



New Hamp- 
shire 



Rhode Island 



Name. 



Vermont 



General 
Assembly 



Legislature 



General 
Court 



General 
Court 



THE STATE SENATE. 



General 

Assembly 



General 

Assembly 



Qualifications of 
Senators. 



A qualified elector of 
district 



Age 25 yrs. Citizen 
of U.S. s yrs. Resi- 
dent of State 1 yr. 
and resident of 
town or district 
3 mos. next preced- 
ing election. 

Resident of State 5 yrs. 
next preceding elec- 
tion and district at 
time of election 

Age 30 yrs. Inhabit- 
ant of State 7 yrs. 
next preceding elec- 
tion, and inhabitant 
of district at time 
of election 

Qualified voter 



$300 and mile- 
age 



$150 and mile- 
age 



Salary. 



$75° 



Presiding 
officer, $250; 
others, $200; 
mileage 



$5 per day 
and mileage 



Quorum. 



Majority 



Majority 



Age 30 yrs. Freeman 
of county 



$3 per day 



Majority 



Majority 



Majority 



Majority 



APPENDIX B. 



129 



APPENDIX B. 
STATE LEGISLATURE. 



HOUSE OF REPRESENTATIVES. 



£ O 



Qualifications of 
Members. 



Salary. 



Quorum, 



Me-eting. 



Length 



Session 



Origin of 
Bills. 



255 2 yrs. 



Qualified electors and 
residents of town for 
which elected 



Same as 
Senator 



Age 21 yrs. Other Same as 
qualifications same Senator 
as Senator 



Resident 1 yr. next 
preceding election 

Inhabitant of State 
2 yrs. next preced- 
ing his election, and 
inhabitant of town 
or district at time 
of election 

Qualified voter 



Resident of State 2 
yrs. and of town 
1 yr. next preceding 
election 



Same as 
Senator 



Same as 
Senator 



Same as 
Senator 



Same as 
Senator 



Majority 



Majority 



Majority 



Majority 



Majority 



Majority 



Biennial, 
Wed. 
after 1st 
Mon. in 
Jan. 

Biennial, 
istWed. 
of Jan. 



Annual, 

istWed. 

of Jan. 
Biennial, 

istWed. 

of Jan. 



Annual, 
last 

Tues. in 
May at 
Newport 
then ad- 
journed 
to Provi- 
dence 

Biennial, 
istWed. 
of Oct. 



Not 
limited 



Not 
limited 



Not 
limited 



Not 
limited 



Not 
limited 
but 
mem- 
bers re- 
ceive 
pay for 
but 60 
days 

Not 
limited 



In either house, 
except consti- 
tutional amend- 
ments, which 
originate in 
House of Rep- 
resentatives 

In either house, 
except bills for 
revenue, which 
must originate 
in House of 
Representa- 
tives 

Same as Maine 



Same as Maine 



In either house 



Same as Maine, 
except consti- 
tutional amend- 
ments, which 
originate in the 
Senate 



130 APPENDIX C. 



APPENDIX C. 
STATE GOVERNMENT OF MASSACHUSETTS IN OUTLINE. 

I. Legislative Department. 

i . Senate, — forty members elected from senatorial districts for 
one year. 

2. House of Representatives, — two hundred and forty members 
elected from representative districts for one year. Each 
house elects its own officers (secretary, messengers, door- 
keepers, etc.). 

II. Executive Department. 

i. Executive Officers. 

(i) Governor, — elected by popular vote for one year. 

(2) Lieutenant Governor, — elected same as Governor. 

(3) Council, — eight members elected by the people from 

councilor districts for one year. 

(4) Secretary of State, — elected by the people for one year. 

(5) Treasurer, — elected annually by the people, but not 

eligible for more than five years in succession. 

(6) Auditor, — elected by the people for one year. 

(7) Attorney General, — elected by the people for one year. 

2. Administrative Officers. 

(1) Insurance Commissioner, — appointed 1 by the Governor 

for a term of three years. 

(2) Tax Commissioner, who is also Commissioner of Corpo- 

rations, — appointed by the Governor for a term of 
three years. 

3. Boards and Commissions. 

(1) Board of Education, — the Governor, Lieutenant Gov- 
ernor, and eight members appointed for eight years. 

1 Appointments, unless otherwise stated, are made by the Governor with 
the consent of the Council. 



APPENDIX C. 131 

(2) Board of Agriculture, — the Governor, Lieutenant Gov- 

ernor, Secretary, and three members appointed for 
three years. 

(3) Board of Health, — seven members appointed for seven 

years. 

(4) Board of Insanity, — five members appointed for five 

years. 

(5) Board of Charity, — nine members, appointed. 

(6) Prison Commissioners, — three men and two women ap- 

pointed for five years. 

(7) Railroad Commissioners, — three members appointed for 

three years. 

(8) Harbor Commissioners, — three members appointed for 

three years. 

(9) Gas and Electric Light Commissioners, — three members 

appointed for three years. 

(10) Board of Commissioners of Savings Banks, — three 

members appointed for three years. 

(11) Board of Arbitration, — three members appointed. 

(12) Bar Examiners, — members appointed by the justices 

of the supreme courts. 

(13) Boards of Registration, — the Board of Registration in 

Medicine, Board of Registration in Dentistry, and 
Board of Registration in Pharmacy; appointed. 

(14) Highway Commission, — three members appointed for 

three years. 

(15) Metropolitan Water and Sewerage Board, — three mem- 

bers, appointed. 

(16) Metropolitan Park Commission, — five members ap- 

pointed for five years. 

(17) District Police, — Chief, and officers appointed for three 

years. 

(18) Officers of Militia, — appointed and commissioned. 

III. Judicial Department. 

Supreme Judicial Court, consisting of a chief justice and six 
associate justices, appointed to hold office during good 
behavior. May be removed by the Governor, with consent 
of the Council, upon request of both branches of the Legisla- 
ture, or by impeachment. 



132 



APPENDIX D. 



APPENDIX D. 
THE GOVERNOR 





Term 




Vacancy in 




Salary 


State. 


of 


Qualifications 


Office 


Veto Power. 


Per 




Office. 




Filled by. 




Annum. 


Maine 


2 yea is 


Age 30 years; 


President of 


Yes; overruled 


$2,000 






natural born 


Senate ; 


by two-thirds 








citizen of 


after him, 


vote of each 








U.S.; resi- 


Speaker of 


house 








dent of State 


House 










5 years at 












time of elec- 












tion 








New Hampshire 


2 years 


Age 30 years; 


President of 


Yes; overruled 


$2,000 






inhabitant 


Senate; 


by two-thirds 








of State 7 


after him, 


vote of each 








years next 


Speaker of 


house 








preceding 


House 










election 








Vermont 


2 years 


Resident of 


Lieutenant 


Yes; overruled 


$1,500 






State 4 years 


Governor 


by simple ma- 








next preced- 




jority 








ing election 









APPENDIX D. 



133 



APPENDIX D. 
AND OTHER STATE OFFICERS. 







Term 


Salaries per 






Names. 


of 
Office. 


Annum. 


How Chosen. 


Qualifications. 


Seven Councilors 


2 years 


#150, and $2 


First ten are 


Councilors must 






per day and 


elected by Leg- 


be citizens of 






mileage 


islature ; last 


U.S. and resi- 


Secretary of State 


2 years 


#1,500 


two appointed 


dents of State. 


Treasurer 


2 years 


#2,000 


by Governor 


Treasurer not eli- 


Attorney General 


2 years 


#1,500 




gible for more 


Adjutant General 


2 years 


$1,000 




than six con- 


Supt. of Public 


3 years 


#1,500 




secutive years. 


Schools 










Five Councilors 


2 years 


$3 per day 
and mileage 


Elected by vo- 
ters 


Same as Senator 


Secretary of State 


2 years 


$800 and fees 


Elected by Leg- 
islature 




Treasurer 


2 years 


$1,800 


Elected by Leg- 
islature 




Adjutant General 


2 years 


$1,000 


Appointed by 
Governor 




Attorney General 


5 years 


#2,200 


Appointed by 
Governor and 
Council 




Supt. of Public 


2 years 


#2,500 


Appointed by 




Instruction 






Governor and 
Council 




Lieutenant Gov- 


2 years 


$6 per day 


Elected by voters 




ernor 




during ses- 
sions 






Secretary of State 


2 years 


#1,700 


Elected by voters 




Treasurer 


2 years 


$1,700 


Elected by voters 




Auditor of Ac- 


2 years 


$2,000 


Elected by voters 




counts 










Adjutant and In- 


2 years 


$1,000 


Elected by Gen- 




spector General 






eral Assembly 




Supt. of Educa- 


2 years 


$2,000 


Elected by Gen- 




tion. 






eral Assembly 





134 



APPENDIX D. 



APPENDIX D — Continued. 
THE GOVERNOR 



State. 


Term 

of 
Office. 


Qualifications 


Vacancy in 

Office 
Filled by. 


Veto Power. 


Salary 
Per 

Annum. 


Massachusetts 


i year 


Inhabitant of 
State 7 years 
next preced- 
ing election 


Lieutenant 
Governor 


Yes; overruled 
by two-thirds 
vote of each 
house 


$8,000 


Rhode Island 


i year 


Qualified 

elector 


Lieutenant 
Governor 


No veto 


$3,000 


Connecticut 


2 years 


Age 30 years; 
qualified 
elector of 
State 


Lieutenant 
Governor 


Yes; overruled 
by simple ma- 
jority 


$4,000 



APPENDIX D. 



135 



APPENDIX D — Continued. 
AND OTHER STATE OFFICERS — Continued. 



Names. 


Term 

OF 

Office. 


Salaries per 
Annum. 


How Chosen. 


Qualifications. 


Lieutenant Gov- 


I year 


$2,000 


Elected by voters 


Resident of State 


ernor 








7 years 


Eight Executive 


1 year 


$800 each 


Elected by voters 


Resident of State 


Councilors 








5 years . 


Secretary of State 


1 year 


$3>5°° 


Elected by voters 


Resident of State 
5 years 


Treasurer and Re- 


1 year 


$5,000 


Elected by voters 


Resident of State 


ceiver General 








5 years 


Auditor 


1 year 


$3,500 


Elected by voters 


Resident of State 
5 years 


Attorney General 


1 year 


$5,000 


Elected by voters 


Resident of State 
5 years 


Secretary of Board 


Unlim- 


$4,000 with 


Appointed by 




of Education 


ited 


$500 trav- 
eling ex- 
penses 


Board of Edu- 
cation. 




Lieutenant Gov- 


1 year 


$500 


Elected by voters 


Qualified voter 


ernor 










Secretary of State 


1 year 


$3,5°° 


Elected by voters 


Qualified voter 


Attorney General 


1 year 


$4,500 


Elected by voters 


Qualified voter 


General Treasurer 


1 year 


$2,500 


Elected by voters 


Qualified voter 


Auditor 1 


I year 


$1,500 




Qualified voter 


Commissioner of 




$3,000 






Public Schools 










Lieutenant Gov- 


2 years 


$500 


Elected by voters 




ernor 










Secretary of State 


2 years 


$1,500 


Elected by voters 




Treasurer 


2 years 


$1,500 


Elected by voters 




Comptroller 


2 years 


$1,500 


Elected by voters 




Attorney General 


2 years 




Elected by voters 




Secretary of Board 


Unlim- 




Appointed by 




of Education 


ited 




Board of Edu- 
cation 





1 Insurance Commissioner ex-officio. 



136 



APPENDIX E. 



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7 years 
4 years 


4 years 
7 years 


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pq 


By Governor and Council 

Elected by voters of the 
County 


By Governor and Council 
By Governor and Council 


b 
O . 

£ 
S S 


oo 


- - 




u 

| 


Law sittings, three times a 

year 
Trial sittings, two or three 

a year in each county 


In Cumberland and Ken- 
nebec counties 
Once or twice each month 


Daily 

As occasion requires 


« 
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a 

CD 
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en 


Superior Court 
Probate and Insolvency 


Municipal or Police Courts 
Trial Justices 

Justices of the Peace and 
Quorum 1 


K 
O 
H 

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INDEX. 



Adams, John, 65. 

Agent, school, 116, 121. 

Agricultural colleges, 120. 

Aldermen, board of, 38, 39. 

Amendments, constitutional, 72, 73, 81. 

Andros, Sir Edmund, 11. 

Appeal, 106. 

Argument, 108. 

Arraignment, 107. 

Assessors, town, 28, 29; city, 44. 

Assistants, court of, 5, 8, 10. 

Auditor, town, 31 ; city, 44; state, 89, 94. 

Bail, 106. 

Bill, of city legislature, 42, 43 ; of State 

legislature, 83-87 ; amendment of, 87 ; 

money bills originate in House. 
Blue Book, 88. 
Board of health, town, 28 ; of Boston, 53 ; 

of State, 96. 
Board of civil authority, 28. 
Boards and commissions, administrative, 

in cities, 43-44 : in Boston, 52-57 ; State, 

95-96. 
Boards, State, of education, 122. 
Boroughs, 34. 
Boston, 48-58 ; municipal court of, 59, 

100. 
By-laws, 23. 

Cabots, John and Sebastian, 1. 

Calendar, of Massachusetts senate, 86; 
of city council, 41. 

Cases, classification of, 104; criminal, 
104; procedure in criminal, 105-109; 
civil, 105 : procedure in civil, 108. 

Charge to jury, 108. 

Charter, of Plymouth Colony, 4 ; of 
Massachusetts Bay Colony, 9 ; Province 
charter, 11 ; loss of, 11 ; of Connecticut 
and of Rhode Island, 18, 67; of Lon- 



don and Plymouth companies, 1 ; gov- 
ernment, 65 ; of cities, 36. 

Cities, growth of in the United States, 35. 

City compared with town, 45 ; outline for 
study of, 46. 

City council, duties and powers of, 39; 
method of legislation, 40. 

City executive, 38, 44 ; judiciary, 44. 

City government, necessity for, 35-36 ; 
departments of, 37-38. 

Collector of taxes, town, 29 ; city, 44. 

Colonial council, governor's, 93. 

Colonial government, earliest forms, 3 ; 
in 1774, 64-65. 

Colonies, Connecticut and New Haven 
compared. 

Colonists, character of, 2, 3. 

Commissioners, county, 61 ; of public 
schools in Rhode Island, 122. 

Commissions, administrative, of cities, 
44 ; of Boston, 5, 26, 57 ; of States, 95. 

Committee of Safety, 66. 

Committees, of city council, 40; of State 
legislature, 82, 84, 87. 

Committees, school, of towns and cities, 
31, 43, 121. 

Company, Plymouth, 1, 2; London, 1, 2. 

Complaint, 105. 

Comptroller, see Auditor. 

Congress, Continental, 66; Massachusetts 
provincial, 66. 

Connecticut, first settlements in, 2; 
government in 1774, 64, 65 ; charter 
changed to constitution, 67; represen- 
tative districts, 80; senatorial districts, 
75; compulsory school attendance, 
118; town deposit funds, 119; colonies, 
14-16; city councils in, 39. 

Constable, duties of, 30. 

Constitution, definition of, 00. 

Constitutions, written, 68. 



143 



144 



INDEX. 



Constitutions of New England States 6age - 66, 

general features of, 71-72; amend- General assemh 



merits, 72, 81. 
Coroner, 63. 
Council, executive, 93. 
Council for New England, 2. 
Councilor districts, 93. 
Councilors, colonial, 12. 
County, formation of in Pi ymouth Colony, 

8; in Massachusetts Bay Colony, 10; 

in Connecticut and Rhode Island 

colonies, 17, ic : the governmental unit Hancock, fol 

in Virginia, 20 ; the judicial unit in New Hartford, 14. 



tal court, 74; in colonial tin.' 

7, 8, 10, 12, 21. 
Government, earliest forms of colonial, 

3-5 ; parish and manorial, in England, 

6 7 : of Providence, i2 ; centralized 

and non-centralized, 44, 90. 
Goverr 1 89 .2 colonial, 5, 8, 9, 12, 17. 
Govern ',- sage 84, 



Harvard College, founding of, 114. 
Highways, surveyors of, 31. 
. omas, 14. 

Impeachmer 8 



60, 

County, commissioners, 61 j treasurer, 

-'..- . -• "v3; sheriff, 'C2 b 1 Udiags, 61. 

County court, jr. . 7 ; in New 

Court, four grades of, 99; justice's, 32; Indictment, 107. 

city, police, district, municipal , 44, 

ioc Jamestown, 2. 

f) county, s.' MM . : -.2 ;.',. 

ICQ Judicial department, separation of, 8, 10 ; 

of : 99, r governments and of royal 

governments, ffc State, 99- 

: -port, John, 15. ; ,^ 

Juries', 103-104; grand, 106; petit, 107. 
W Jurisdiction, appellate, 101; final and 
administrative and 1 '-'r'fl'< initial 106 

J *** ury sittings of the Supreme Court. 

governmer/ 65 ornament, .-,; trial, 100. 

37 V- 
D 
Districts, senatorial, 75 ; representa*. 

80; cout.'. 01 be 62 las, 

Dorchester, first public school, 11, 114. 



Kings, English, Char.'; I 9 Ovaries 
II, 67; Henry VII, 1; James I, 1. 



Esttef ophites, 15. 

Ed ks on h - .'23. 

gs, 23. ' 
ons, of alderrne' ;. v council- 
a - /. -.-,-- e* city 

officers, 44; ol Si; of 

- 

rate, :«•«• Departa 

•' M ' : "-, 27, 32, 44. 

z8, 43. 

( >cticut, 14. : 



Land titles, 1, 2 90, 

r/g and revising 
23 od of in city, 

(O , in legislatu.-'; 82-88, 

' of '.harter and 
';rnments, 65; of towns, 23- 

25 -,: -. ' 39 .2 -. : ' (j - 7; g&, 

:'. 128- 

documents, ill, 

,*ny, 1, 2, 4. 

Magna Charta, 11 1. 
Maine, a part of Mas.; •'. 60 

< Massachusetts and 



INDEX. 



145 



admission to Union, 6S; present gov- 
ernment, 75-80. 

Massachusetts Bay Colony, 0-12, 14. 
Massachusetts government in 1774, 64- 

65- 

Massachusetts, amendment of constitu- 
tion, 72; senators, number and quali- 
fication of, 74, 75; representatives, 
number ami qualifications of,7S; vari- 
ous executive officers and their duties, 
90-05; schoolfund.no; founded first 
normal school, 119; first state board 
of education, 1::. 

Mayflower compact, 4. 

Mayor, powers and duties oi, 38, 40-45. 

Medical examiner, 63. 
Militia, 96. 
Moderator, 25, 27, 37. 

New Hampshire, royal province. 04; 
temporary constitution. 66; senators, 
number and qualifications of, 74 ; sena- 
torial districts, 75-76 ; representatives, 
number and apportionment, 78, So; 
quorum in legislature, 77. 

New Haven, 15-16. 

Newport. 18. 

Normal schools, 119. 

Ordinances. 42. 

0\ c: seers of the poor. 27, aS. 

Pardon, power of. . • 

Physician, city, 44. 

Plaintiff, 104. 

Plea, 107, 

Plymouth Company, t, 2. 4. 

Pl\ mouth Colony, 4 : rise of tow ns in, 7 ; 
early legislation of. 5 ; laws of. revised, 
6; united with Massachusetts Bay 
Colour, 0. 

Police, control of, 38; departments and 
boards, 45. 

Toll tax, •- 

Pound keepers, 44. 
Precincts, voting. 37. 
Preliminary examination, rod. 
Pro> idence, co nay of. 17. 

ibraries, trustees of. 44. 
Puritan legislation. \i. 
as, the .; 9 it. 



Quorum, legislative, 77. 

Readings of bills, 42, 86. 

Register, of deeds, of probate, 62. 

Regulating Act, 65. 

Representation, the beginning of, 8; 
bases of, 77. 

Representatives, house of, 77-82. 

Rhode Island, settlement, 17; govern- 
ment in 1774, 65; charter granted, 67; 
senatorial districts, 75 ; representative 
districts, So; governor of, 00; no veto, 
82 ; president of the senate, 92. 

Schools, early history of, 114; two unit 
areas of administration, 116; compul- 
ses attendance upon, 11S ; support 
of. 119; ungraded, 116; graded, no; 
normal, no; academies and private, 
120; professional and scientific, 120- 
i^i ; officers. 121; city department 
of, 43; State superintendent of. 125; » 

district superintendent of. 1:1. 

School committee, duties of, 31. 

Sealers of weights and measures. 3a, 

Secretary of State, 03, 04; of board of 
education, 122. 123. 

Selectmen, 2S. 45. 

Senate, 74-S2. 

Sentence, 10S. 

Separatists, 3, 11. 

Sheriff. 02. 03. 

j . 44. 

Speaker of house. Sj. 

Staff, governor's, yj 

States, transition of colonies into, 64 ; 
outline of government, 111. 

Streets, superintendent of, 31. 44. 
wna. 106. 

Suffrage, right of, colonial. 12, 15, 16; 
uresent right of. 120. 

Surveyors of wood, 44. 

Faxes assessment and col ection, 29; 

MS, examiner of. 120; inst;: - 
tor. 1.-.-. 
resume 

Downs origin of. 6-7; agenl tf8 coua- 
8; caus 1 

sters vj meet a§ 5 -.--^4 1 



146 



INDEX. 



twofold function of, 22; definition of, 
22; by-laws, 23 ; clerk, 28-29. 

Treasurer, town, 30; city, 44; county, 
61 ; State, 94. 

Tun, 6. 

Union of Connecticut and New Haven 

colonies, 16. 
Universities, 120. 
Unorganized territory, 23. 

Venire, 104. 

Verdict, 108. 

Vermont, colonial conventions, 68; inde- 
pendent State, 68; admission to the 
Union, 69 ; senatorial qualifications, 75 ; 
districts, 75 ; quorum, 77; representa- 
tive qualifications, 78; districts, 80; 
special privileges of senate, 81 ; State 



election, 81; county examiner of 

teachers, 122. 
Veto, mayor's, 38 ; governor's, 87, 91. 
Villages, 34. 
Virginia, county in, 20. 
Voters, qualifications of, 126. 
Votes, concurrent and joint, 42. 

Ward officers, 37. 

Warrant, town, 24, 25-27 ; for arrest, 105 ; 

governor's, for drawing money, 92. 
Wentworth, John, 67. 
Wethersfield, 14. 
Windsor, 14. 
Writ, of attachment, 109; of execution, 

109. 

Yale College, founding of, 114. 



